
Eagle Library? 


NO. 166 





























































CANDIDATES OF THE DEMOCRATIC PARTY 


★ 

For County Judge 



JOHN F. HYLAN 


For Register 



EDWARD T. O’LOUGHLIN 



★ 

For County Judge 


For Sheriff 


JOHN J. FITZGERALD 
For District Attorney For County Clerk 


EDWARD RIEGELMANN 


For County Judge 
ROBERT H. ROY 


For Justice of Supreme Court 


MITCHELL MAY 


HOWARD P. NASH WILLIAM E. KELLY 














3 



ELECTION LAW 


AND 


REVISED CONSTITUTION 

OF THE 

STATE OF NEW YORK 


BEING 

Chapter 17 of the Consolidated Laws, Containing Amend¬ 
ments of 1915, Together With Notes and Instructions 
and Political Calendar. 



PUBLISHED BY 


THE BROOKLYN DAILY EAGLE, BROOKLYN-NEW YORK 

Entered at the Brooklyn-New York Postoffice as second-class matter. Vol. XXX, No. 12, 
of the Eagle Library, Serial No. 166. October, 1915. Trademark “Eagle Library,” 
registered. Almanac Number, $1.00. Yearly subscription, $1.50, including Almanac. 





I 




















































































































The Engle Library. 


.H7/I 3 


INTRODUCTION 


HE direct primary law, which was applied 
for the first time in New York State in 
September, 1914, has been termed the 
voter’s new charter of freedom. 

Under the new law the primary be¬ 
comes a far more important factor in the 
election scheme and the management of 
political parties than it has been. The new freedom to the 
voters is fraught with new duties to all who desire to ex¬ 
ercise the enlarged powers conferred upon them by the 
State-wide direct primary law. 

The enlarged powers the new direct primary law con¬ 
fers upon the voters are of fundamental importance in their 
bearing both on the nomination of candidates for elective 
offices and on the make-up of the various party committees 
that constitute the party management, and as such make 
the rules and regulations for the party government and, in 
part at least, map out the policy of parties with respect to 
questions of public importance. 

The system in force in New York State at the guber¬ 
natorial election in 1912 restricted the voters in exercising 
their right of suffrage on Election Day to the choice be¬ 
tween candidates for elective office, placed in the field 
largely as a result of the dictates of party leaders. Under 
the new law the voters have direct say at the primaries 
as to who shall be the party nominee for any given office, 
except such offices as have to do merely with the adminis¬ 
tration of towns, villages and school districts. The power 
of the voter, in fact, begins prior to the primaries, for 
the new law gives to the voters the exclusive say as to 
whether an aspirant for a nomination shall have his name 
placed on the primary ballot at all. All designations for 
places on the ballot are on petition signed by the voters 
themselves. 

With regard to the election of members of party com¬ 
mittees at the primaries, there has been a grant of new and 
essential powers. Under the old system the candidates for 
such positions were selected by the party leaders, with the 
primaries the merest rubber stamp on their selection. 
Under the new law the names of candidates for party posi¬ 
tions must be placed on the primary ballot by petition too. 

Under the old primary law, a voter could vote a 
“straight” ticket by merely marking his ballot once, in a 
voting circle above a column with or without a party 
emblem. Now, in order to vote his ticket “straight,” the 
voter in almost every election district in New York State 
is compelled to make thirty-five or more marks on his 
primary ballot if he should decide to do his duty by voting 
for one candidate for every place to be filled in the subse¬ 
quent general election. 

Any* voter who shall have become of age after the last 
preceding general election may at any time on or before 
the fourth Tuesday preceding an official primary in the 
year following such general election become specially en¬ 
rolled with any party and have his name added to the 
original enrollment books of the election district in which 
he resides, in the following manner: 

He shall make and acknowledge before an officer author¬ 
ized to take the proof or acknowledgment of deeds to be 
recorded, and file or cause to be filed with the custodian of 
primary records, a statement embodying a declaration. 

Upon receiving such statement, the custodian of primary 
records shall enroll such voter with the said party of his 
choice in the original enrollment books for the proper elec¬ 
tion district, in the same manner as upon an enrollment 


blank deposited at one of the days of registration or on 
the day of general election. 

The duties of the voter who intends to participate in 
the important functions of the new primaries will begin 
when the enrollment lists are in the making. Under the 
new law only voters who have enrolled with some party 
can qualify as voters at their respective party primaries. 

In all places where personal registration of voters is 
required as a qualification for a right to vote at the gen¬ 
eral elections, the voters may enroll by placing a mark in 
the voting circle under their respective party emblem on 
an enrollment blank, which will be provided for them 
when they appear to register. Personal registration and 
enrollment on the registration days are required in all 
communities with five thousand or more inhabitants. 

In towns and villages with less than that number of 
inhabitants, where personal registration is not required, 
the voter will have an opportunity to enroll in a similar 
manner when he appears to cast his vote on Election Day. 
Such enrollment will entitle the voter to participate in the 
primaries of the following year. 

When a person enrolls he makes a solemn declaration 
that he is in general sympathy with the principles of the 
party with which he enrolls and that it is his intention to 
support generally the candidates of that party in the subse¬ 
quent election. State or national. The formal declaration 
also sets forth that since January 1 in the year when he 
enrolls he has not participated in any primary or conven¬ 
tion of a party other than that with which he enrolls. A. 
voter who happens to spoil, deface, or incorrectly mark 
one enrollment blank, is entitled to receive a second blank 
and envelope from the election officers. 

No person can enroll with any party until he has 
reached twenty-one, the voting age. Men who become of 
age subsequent to the general election of any year may 
enroll at any time prior to the fourth Tuesday before the 
primary election by making a sworn statement before a 
notary public, embodying that fact and naming the party 
with which he desires to enroll. The sworn statement, 
filed with the custodian of primary records in the district 
where such voter resides, will entitle him to take part in 
the primaries the same year. 

Enrolled voters who change their party affiliations be- 
twen the time of enrollment and the following primaries 
can have the corresponding correction made on the enroll¬ 
ment boqks, either upon their own initiative or the initia¬ 
tive of some other enrolled voter who may be familiar 
with»the fact. The law also provides for judicial review in 
cases where party affiliation of an enrolled voter shall have 
been incorrectly stated on the enrollment lists. The com¬ 
pleted enrollment lists become public record after the gen¬ 
eral election in any year and should be on file with the 
custodian of primary records or the Election Boards in 
every county throughout the State. 

The first step in connection with the nomination of 
candidates for elective office or the election of members of 
party committees at the primaries, in which the enrolled 
voter figures, is when petitions are being circulated for the 
designation of candidates to a place on the ballot. 

Embodied in each such petition is a declaration that the 
signer is an enrolled voter of the party, and in the district 
or political unit for which the nomination or election is 
intended, and that he is qualified to vote at the ensuing 
primaries. In addition to signing his name, each signer 
must give his address and the election district, town or 
ward in which he votes. Each signature must be acknowl¬ 
edged by a notary public to whom the signer is person¬ 
ally known. (See page 99 for Revised Constitution.) 



'1 


OUI 21 lalb 











Thv'Eagl* ‘Library 


POLITICAL CALENDAR 

FALL PRIMARY AND GENERAL ELECTION, 1915 ! 


AUGUST 26 TO SEPTEMBER 7. 

Certificates of designations to be filed with Secretary of 
State and custodian of primary records. Sec. 49. 

SEPTEMBER 13. 

Last day for filing declinations of designations. Sec. 60. 

f SEPTEMBER 14. 

Last day for-filing new designations after declination. 
Sec. 60. 

SEPTEMBER 16. 

Last day for Secretary of State to transmit to custodians 
designations filed in his office. Sec. 61, 

f JULY 1. 

Last day for filing list of candidates for election officers 
In cities. Sec. 303. 

AUGUST 2. 

Designation of polling places in the city of Buffalo. 
Sec. 299. 

SEPTEMBER 1. 

Last day for appointment of election officers in cities. 
Sec. 303. 

SEPTEMBER 7. 

Designations of polling places for entire State (except 
the City of Buffalo), Sec. 299. 

SEPTEMBER 28, 

FALL PRIMARY DAY. Primary held from 3 P.M. to 

» P.M. 

SEPTEMBER 21 TO OCTOBER 8. 

Independent nominations to be filed with Secretary of 
State. Sec. 128. 

SEPTEMBER 21 TO OCTOBER 13. 
Independent certificates to be filed with board of elec¬ 
tions. Sec. 128. 

• SEPTEMBER 22 to OCTOBER 14. 

Certificates of independent nominations for town offices 
to be filed with town clerks and board of elections where 
town meetings are held at time of general elections. 
Sec. 128. 

OCTOBER 7, 8, 14, 16, NOVEMBER 1. 
Publication of polling places and election district boun¬ 
daries in cities, (Evening papers.) Sec. 301. 

OCTOBER 8, 9, 16, 16, NOVEMBER 2. 

Publication of polling places and election district boun¬ 
daries in cities. (Morning papers.) Sec. 301. 

Registration in Cities and Villages of 5,000 Inhabitants 
or More. 

OCTOBER 8. 

T A.M. to 10 P.M., first day. Sec. 150. 

f OCTOBER 9. 

7 A.M. to 10 P.M., second day. Sec. 150. 

OCTOBER 15. 

7 A.M. to 10 P.M., third day. Sec. 150. 

OCTOBER 16. 

7 A.M. to 10 P.M., fourth day, Sec. 150. 

Registration in Districts Other Than Cities or Villages 
Having 5,000 Inhabitants or More. 

OCTOBER 9 AND 16. 

7 A.M. to 10 P.M., first day. Sec. 150. 

OCTOBER 17. 

7 A.M. to 10 P.M., second day. Sec. 150. 

Written objection to any certificate of nomination may 
be filed with the officer with whom the original certificate 
of nomination is filed, within three days after such original 
certificate is filed, except that if by any independent cer¬ 


tificate of nomination any person is nominatedhwha-is then 
or shall be after the filing of such independent certificate, 
the candidate of a political party for the same office, and 
the party certificate has been filed after the independent 
certificate was filed, the written objection to the inde¬ 
pendent certificate may be filed within three days after the 
filing of the party certificate. (See Sec, 134.) 

Registration in New York City* 

OCTOBER 4. 

6:30 P.M. to 10:30 P.M., first day. Sec. 150. 

OCTOBER 6. 

5:30 P.M. to 10:30 P.M., second day. Sec. 150. 

OCTOBER 6. 

5:30 P.M. to 10:30 P.M., third day. Sec. 150. 

OCTOBER 7. 

5:30 P.M. to 10:30 P.M., fourth day. Sec. €50. 


OCTOBER 8. 

5:30 P.M. to 10:30 P.M., fifth day. Sec. 150. 

OCTOBER 9, 

7 A.M. to 10:30 P.M., sixth day. Sec. 150. 


OCTOBER 9. 

Last day to file declination of party nomination on filg 
with Secretary of State. Sec. 133, ^ ^ __ 

OCTOBER 13. 

Last day to file declination of independent nomlnfttto® 
which was filed with Secretary of State. Sec. 133. 


OCTOBER 13. 

Last day to file declination of a party-nomination OH 
file with board of elections. Sec, 133, 

OCTOBER 15. 

Last day to file declination of an Independent nomination 
which was filed with the board of elections. Sec. 133. 

OCTOBER 13. 

Last day to file declination of party nomination with 
board of elections for a town office where town meetings 
are held at the time of general elections. Sec. 133. 

OCTOBER 15. 

Last day to file declination of Independent nomination 
with board of elections for a town office where town meet¬ 
ings are held at the time of general elections. Sec. 133. 

OCTOBER 18, 

Last day for filing certificate of new nominations caused 
by declination or disqualification, with Secretary <*£ State 
and board of elections. Sec. 136. 

OCTOBER 19. 

Last day for filing certificate of new nominations caused 
by declination or disqualification, with town or village 
clerks. Sec. 136. 

OCTOBER 19. 

Last day for Secretary of State to transmit to board of 
elections nominations filed in his office. Sec. 129. 

OCTOBER 27. 

Last day for publication of nominations in newspapers 
except in counties where no daily newspaper is printed. 
Sec. 130. 

OCTOBER 27. 

Last day for transmission of lists of candidates to town 
clerks and aldermen of cities by board of elections. Sec. 131, 

OCTOBER 30. 

Last day for list of candidates to be posted by town 
clerk or alderman. Sec. 131. 

NOVEMBER 2. -^ 

GENERAL ELECTION DAY. Polls open 6 A.M., poll* 
close 5 P.M. , • 







The Eagle Tihrary, 


TABLE OF CONTENTS 

j 


Page. 

Political Calendar.. 3 

Election Law...-..... 7-71 

Index . 77-91 


Instructions for Guidance of Election Officers.. 72-76 
New York City Boundaries and Districts. 92-98 


Brooklyn *... 92-94 

Manhattan «.... 94-95 

Bronx .... . .. 95 

Queens .. 95-96 


Richmond-... 96 


Page. 

Congressional Districts, Boundaries, N. Y. City 
and State: 

Long Island and Queens. 96 

Brooklyn or Kings. 96 

Richmond and New York. 97-98 

State, Outside Greater New York. 98 

Maps of Congressional Districts in Kings and 
Queens Counties: 

Third District . 92 

Fourth District. 92 

Fifth District. 93 

Sixth District. -94 

Seventh District. 96 

Eighth District . 97 

Ninth District . 98 

Tenth District . 98 

Revised Constitution . 99-117 


ARTICLE 1. 

SHORT TITLE* APPLICATION; 
DEFINITIONS. 

Sec. 

1. Short title. 

2, Application. 

8. Definitions. 


ARTICLE 2. 

ENROLLMENT OF VOTERS. 

Sec. 

4. Delivery of enrollment books. 

E. Enrollment books. 

6. Voting booths and enrollment 

boxes. 

7. Enrollment blanks and envelopes. 

8. Delivery of enrollment blanks to 
voters who register personally, 

9. Delivery of enrollment blanks to 

voters where registration is not 
personal, 

10. Enrollment by voters, 

11. Examination, sealing and custody 

of enrollment boxes. 

12. Certification and secrecy of en¬ 

rollment where registration is 
personal. 

13. Certification and secrecy of en¬ 

rollment where registration is 
not personal. 

14. Opening of enrollment box and 

completion of enrollment. 

14a. Correction of enrollment lists. 
14b. Special enrollment upon becom¬ 
ing of age. 

15. Enrollment for a new political 

party. 

16. Duplicate enrollment books. 

17. Use of duplicate enrollment books 

at unofficial primaries. 

18. Use of original enrollment books 

at official primaries. 

19. Right to enroll and vote at pri¬ 

maries. 

21. Enrollment books to be public 

records; transcripts of enroll¬ 
ment. 

22. Publication of enrollment. 

23. Judicial review of enrollment. 

24. Correction of enrollment with 

respect to persons not in sym¬ 
pathy with party. 


ARTICLE 3. 

PARTY ORGANIZATION. 

Sec. 

35. Party committees. 

36. State committee. 

37. County committee. 

38. Election of members of state and 

county committees. 

39. Formation of committees other 

than state or county commit¬ 
tees. 

40. Organization and rules of com¬ 

mittees. 

41. Review of election of committees' 

42. Removal of member of commit¬ 

tee. 

43. Vacancies in state or county com¬ 

mittees. 


ARTICLE 4, 

PARTY NOMINATIONS AND DESIG¬ 
NATIONS. 

Sec. 

45. Direct nomination of candidates 

for public office. 

46. Designations; how made. 

48. Designations by petition. 

49. Filing of designations. 

50. Declination by person designated. 

51. Certification by Secretary of State. 

52. Vacancies, how filled. 

53. Delegates to national conventions. 

54. Presidential electors. 

55. Existing committees continued. 
55a. Objections to designating by pe¬ 
titions. 

58. Official primary ballot. 


ARTICLE 4-A. 

CONDUCT OF PRIMARY ELEC¬ 
TIONS; CANVASS OF RETURNS. 
Sec. 

70. Organization and conduct of of¬ 

ficial primaries. 

71. Qualifications of voters at official 

primaries. 

72. Challenges at official primary 

elections. 


ARTICLE 4a—Continued. 

Sec. 

7 3. Expense of official primaries. 

74. Primary districts, officers and 

polling places. 

75. Notice of official primary. 

76. Restrictions as to place of pri¬ 

maries. 

77. Removals from, and filling vacan¬ 

cies in, boards of primary elec¬ 
tion officers. • 

78. Primary poll clerks. 

78-a. Primary poll clerks and poll 
books in cities of over 1,000,000 

79. Ballots, booths and supplies. 

80. Delivery of ballots and manner 

of voting. 

81. Unofficial ballots. 

82. Preparation of ballot by voters. 

83. Persons within the guard-rail. 

84. Watchers; challengers; election¬ 

eering. 

85. Canvass of votes. 

8 6. Intent of voters. 

87. Proclamation and statement of 

result. 

88. Preservation of ballots. 

89. Canvass of statements ef result; 

certificates of election. 

90. Filling vacancies and determina¬ 

tion of tie vote after primaries. 

91. Primaries held to nominate can¬ 

didates for special elections. 

92. Unofficial primaries. 

93. Penalty for violation. 

94. Perjury. 

ARTICLE 5. 

NOMINATING CERTIFICATES; EM¬ 
BLEMS; VACANCIES. 

Sec. 

121. Certification and filing of nomina¬ 

tions for town, village and cer¬ 
tain other offices. 

122. Independent nominations. 

123. Independent certificates of nomi¬ 

nation. 

124. Emblems. 

125. Conflict in names or emblems. 

126. Supplying omitted emblems. 

127. Places of filing certificates of 

nomination. 

128. Times of filing certificates o% 

nomination. 































Eagle Library—'THE ELECTION LAW OF THE STATE OF NEW YORK w 5 


ARTICLE 5—Continued. 

Sec. 

Certification of nominations by 
Secretary of State. 

iq?' Publication of nominations. 

lol. Lists for town clerks and aider- 
men. 

132. Posting town and village nomi¬ 
nations. 

De< r lin ation of nomination. 

134. Objections to certificates of nom¬ 
ination. 

filing vacancies in nominations. 

13 6. Certificates of new nominations. 

13 Death of candidate after print¬ 
ing of ballots; official pasters. 


ARTICLE 6. 

REGISTRATION OP VOTERS. 

Sec. 

150. Meetings for registration. 

152. Conduct of meeting; watchers. 

153. Adding and erasing names on 

register. 

154. Register of voters. 

155. Register; how arranged. 

157. Preparation and distribution of 

registry lists. 

158. Registration in cities and in vil¬ 

lages of five thousand inhabi¬ 
tants. 

159. Registration elsewhere. 

160. Registration for other than gen¬ 

eral elections. 

161. Registration for town or village 

elections. 

162. Qualifications of voters. 

163. Gaining or losing a residence. 

164. Illiterate and disabled voters. 

165. Change of residence within elec¬ 

tion district. 

166. Registration days not holidays. 

167. Preparation of challenge affida¬ 

vits. 

168. Form of challenge affidavits. 

169. Challenging applicants for regis¬ 

tration. 

170. Investigation into truth of affi¬ 

davits. 

172. Disposition of challenge affidavits. 

173. Entry requiring challenge by in¬ 

spectors. 

174. Production of naturalization pa¬ 

pers. 

175. Persons excluded from the suf¬ 

frage. 

176. Certification of register. 

177. Making up the registers; custody 

thereof after registration. 

178. Custody and filing of registers 

after registration in cities of 
first class. 

179. Certifying changes in registers. 

180. Custody of registers after elec¬ 

tion. 

181. Certifying number of registered 

voters. 

182. Delivery of blank books for reg¬ 

istration; certificates and in¬ 
structions. 

lS2a. Special instructions to voters to 
be prepared for the year nine¬ 
teen hundred and fourteen. 

183. Delivery of previous registers and 

poll books to inspectors. 

184. Penalties. 


ARTICLE 7. 

BOARD OP ELECTIONS. 

Sec. 

190. Boards of elections established. 

191. Appointment, term and qualifica¬ 

tions of commissioners of elec¬ 
tions. 

192. Organization of board; rules and 

reports. 

19 3. Salaries of commissioners of elec¬ 
tions. 

194. Recommendations for appoint¬ 

ment of commissioners of elec¬ 
tions. 

195. Filling vacancies in board. 

196. Bi-partlsan character of board. 

197. Appointment of employees. 

19 8. General office and branches. 


ARTICLE 7—Continued. 

Sec. 

19 9. Duty of police to aid board of 
elections. 

200. Expenses of board of elections. 

201. Disposition of registers and un¬ 

used ballots. 

202. Custodian of primary records. 

203. Official seal. 

204. Filing statement of canvass, tally 

sheets and poll-books. 

205. Notices. 

206. Transfer of records; devolution of 

powers. 

207. Office hours, rules and regulations 

of boards of elections. 

208. All records to be public; records 

of transactions of the boards of 
elections. 

ARTICLE 8. 

TIMES, PLACES, NOTICES, OFFI¬ 
CERS AND EXPENSES OP 
ELECTIONS. 

Sec. 

290. Date of general election. 

291. Time of opening and closing polls. 

292. Filling vacancies in elective of¬ 

fices. 

29 3. Notice of elections. 

294. Notice of submission of proposed 

constitutional amendments or 
other propositions or questions. 

295. Publication of concurrent resolu¬ 

tions, proposed constitutional 
amendments and other propo¬ 
sitions. 

29 6. Creation, division and alteration 

of election districts. 

297. Abolition, consolidation or chang¬ 

ing of election districts in towns. 

298. Maps and certificates of bounda¬ 

ries of election districts. 

299. Designation of places for registry 

and voting. 

300. Equipment of polling places. 
300a. Display of American flag. 

| 301. Publication of list of registration 
and polling places. 

302. Election officers; designation, 
number and qualifications. 

30 3. Appointment of election officers 

in cities. 

304. Authentication of party lists. 

305. Examination as to qualifications. 

306. Party selction in the city of 

New York. 

307. Oath of office; certificates of ap¬ 

pointment. 

308. Removals; vacancies; transfers. 

309. Certificates of service; exemption 

from jury duty; payment. 

310. Special penalties. 

311. Appointment of inspectors of 

election in towns. 

312. Appointment of poll clerks and 

ballot clerks in towns. 

313. Supplying vacancies and ab¬ 

sences. 

314. Organization of boards of in¬ 

spectors. 

315. Preservation of order by inspec¬ 

tors. 

316. Ballot boxes. 

317. Voting booths and guard rails. 

318. Apportionment of election ex¬ 

penses. 

319. Fees of election officers and 

others. 

320. Delivery of election laws to 

clerks, boards and election of¬ 
ficers. 


ARTICLE 9. 

BALLOTS AND STATIONERY. 

Sec. 

330. Official ballots for elections. 

331. Form of general ballots. 

332. Form of ballot for questions sub¬ 

mitted. 

333. Sample ballots, instruction cards 

and stationery. 

33 3-a. Additional sample ballots in 
the year nineteen hundred and 
fourteen; distribution of such 
ballots. 


ARTICLE 9—Continued. 

Sec. 

334. Blank forms for election officers. 

335. Form of tally sheets. 

33 6. Description of tally sheets. 

337. Form of ballot returns. 

338. Form of election returns. 

339. Form of report of assisted and 

challenged voters. 

340. Number of official ballots. 

341. Officers providing ballots and 

stationery. 

342. Public inspection of ballots. 

343. Distribution of ballots and sta¬ 

tionery. 

344. Errors and omissions in ballots. 

345. Unofficial ballots. 


ARTICLE 10. 

CONDUCT OP ELECTIONS AND 
CANVASS OP VOTES, 

Sec. 

350. Opening the polls. 

351. Persons within the guard-rail. 

352. Watchers: challengers; election¬ 

eering. 

353. General duties of inspectors. 

354. General duties of ballot clerks. 

355. General duties of poll clerks. 

356. Delivery of ballots to voters. 

357. Assistance to disabled or illiterate 

voters. 

358. Preparation of ballots by voters. 

359. Manner of voting. 

360. When unofficial ballots may be 

voted. 

361. Challenges. 

362. Preliminary oath. 

363. General oath and additional oaths. 

364. Record of persons challenged. 

365. Time allowed employees to vote. 

366. Canvass of votes; preparation for 

canvass. 

3 67. Comparing poll books and regis¬ 
ters; verifying number of bal¬ 
lots. 

368. Intent of voters. 

369. Method of counting. 

370. Protesting ballots marked for 

identification. 

371. Wilful defacement of ballots. 

372. Statement of canvass to be de¬ 

livered to police. 

373. Original statement of canvass and 

certified copies; preservation of 
void and protested ballots. 

3 74. Preservation of ballots? not void 
or protested. 

375. Proclamation of result. 

376. Sealing statements. 

377. Delivery and filing of papers re¬ 

lating to the election; general 
provisions. 

378. Delivery and filing of papers in 

the city of New York. 

380. Delivery and filing of papers in 

the county of Erie. 

381. Judicial investigation of ballots. 


ARTICLE 11. 

VOTING MACHINES. 

Sec. 

390. State voting machine commis¬ 

sioners. 

391. Examination of voting machine. 

392. Requirements of voting machine. 

393. Adoption of voting machine. 

394. Experimental use of voting ma¬ 

chine. 

395. Providing machines. 

396. Payment for machines. 

3 9 7. Form of ballots. 

398. Sample of ballots. 

399. Number of official ballots. 

400. Preparation of voting machine 

for election. 

401. Instruction of election officers. 

402. Instruction of voters before eleo- 

tion. 

404. Distribution of ballots and sta¬ 

tionery. 

405. Tally sheets. 

406. Unofficial ballots. 

407. Opening the polls. 

408. Independent ballots. 

[409. Location of machines, guaxd-mjfc, 










• t 


Eagle Library—THE ELECTION LAW OF THE STATE OF NEW YORK 


iT e - 


ARTICLE 11—Continued, 

Sec. J$ 

410. Manner of voting. 

411. Instructing voters. 

412. Illiterate or disabled voters. 

413. Canvass of vote and proclamation 

of result. 

414. Disposition of irregular ballots; 

and preserving the record of the 
machine. 

415. Disposition of keys; opening 

counter compartment. 

416. Provision for re-canvass of vote. 

417. Application of other articles and 

penal law. 

418. When ballot clerks not to be 

elected. 

419. Number of voters in election dis- 

420. Definitions. 

421. Saving clause. 


ARTICLE 12. 

BOARDS OF CANVASSERS. 

Sec. 

430. Organization of county board of 

canvassers. 

431. Production of original statements 

and copies thereof. 

432. Correction of clerical errors in 

election district statements. 

433. Mandamus to county or state 

boards of canvassers to correct 
errors. 

434. Proceedings of state board of can¬ 

vassers upon corrected state¬ 
ments of county boards. 

435. Mandamus to state board to can¬ 

vass corrected statements of 
county boards. 

436. Proceedings upon corrected state¬ 

ments. 

437. Statements of canvass by county 

boards; preservation of pro¬ 
tested, void and wholly blank 
ballots. 

438. Decisions of oounty hoards as to 

persons elected. 

439. Transmission of statements of 

county boards to secretary of 
state and board of elections. 
440^ Organization and duties of board 
of canvassers of the city of New 
York. 

441^t Organization of state board of 
canvassers, 

442, Canvass by state hoard, 

443, Certificates of election, 

444* *ftecord In office of secretary of 
statwof '-county officers elected, 


ARTICLE 13, 

UNITED STATES SENATORS, REP- 
RESENTATIVES IN CONGRESS 
AND PRESIDENTIAL, 
ELECTORS, 

Sec, 

449, United States senators. 

450/ Representatives in congress. 


ARTICLE 12—Continued. 

Sec. 

451. Electors of president and vice- 

president. 

452. Meeting and organization of elec¬ 

toral college. 

453. Secretary of state to furnish lists 

of electors. 

454. Vote of the electors. 

455. Appointment of messenger. 

456. Other lists to he furnished. 

457. Compensation of electors. 


ARTICLE 14. 

STATE SUPERINTENDENT OF 
ELECTIONS. 

Sec. 

471. State superintendents of elections, 

chief deputies and assistants. 

472. Powers of superintendents, clerks 

and deputies. 

473. Deputies; appointment, Qualifica¬ 

tion, examination, vacancies 
and terms. 

474. Additional deputies. 

475. Control and powers of deputies; 

refusal to furnish information. 

476. Aid by private persons and public 

officers. 

477. Subpoenas by state superinten¬ 

dents. 

478. Administration of oaths by super¬ 

intendents and deputies. 

479. Attendance and duties at polling 

places. 

480. Reports by lodging house and 

hotel keepers. 

481. Affidavits by hotel keepers hold¬ 

ing liquor licenses. 

482. Filing such reports and affi¬ 

davits. 

483. Reports by police and certain de¬ 

partments. 

484. List to be furnished if required 

by the superintendents of elec¬ 
tions. 

485. Card lists of registered electors. 

486. Removal of deputies. 

487. Salaries and expenses. 

488. Report to governor. 

489. Authority of state superintendent 

of elections. 

*44. Terms of office. 


ARTICLE 15. 

SOLDIERS AND SAILORS’ ELEC¬ 
TIONS, 

Sec. 

600. Special polls in time of war. 

502. General register of absent voters. 

502. Poll books and oaths. 

503. Official war ballots. 

504. Official envelopes for war ballots. 

505. Delivery of official war ballots, 

poll books and envelopes. 

506. Lists of nominations. 

507. Polls of election, 

508. Opening of the polls. 

509. Organization of the polls. 

510. Conduct of elections. 


•So in original. 


ARTICLE 15—Continued. 

Sec. 

511. Count of the votes. 

512. Returns not to be rejected be¬ 

cause of informality of election. 

513. Disposition of envelopes and bal¬ 

lots. 

514. Canvass by inspectors of elec¬ 

tions. 

515. Canvass by county board. 

516. Canvass by state board. 

517. Returns or statements not made 

and filed prior to certain dates 
in any year not to be canvassed. 

518. Provisions of penal law relating 

to crimes against the elective 
franchise to apply. 

519. Filling vacancies in the office of 

inspector of elections. 

620. Elections may be contested, 

521. General provisions concerning 

elections to apply. 

522. Copies of this article to be pub¬ 

lished and distributed. 


ARTICLE 16. 

CORRUPT PRACTICES. 

Sec. 

640. Political committees defined. 

541. Statement of campaign payments 

not made through political 
committee. 

542. Personal expenses defined. 

543. Treasurer of political committee. 

544. Accounting to treasurer or can¬ 

didate. 

546. Vouchers. 

546. Statement of campaign receipts 

and payments. 

547. Campaign contribution to be 

under true name of contributor. 

548. Filing and preserving statements. 

549. Secretary of state to provide 

forms. 

550. Contempt proceedings upon de¬ 

fault in filing statement. 

551. Who may maintain proceedings. 
652. Undertaking for costs. 

668. Time within which proceedings 
must be brought. 

554. Proceedings to be summary. 

655. Preference over other causes, 

556, Appeals. 

557, Subpoenas. 

5 58, Personal privilege of witnesses. 
659. Conduct of hearing. 

560. Judgment and penalty. 

561. Application of article limited. 

562. Party funds not to be expended 

for primary purposes. 


ARTICLE 17. 

LAWS REPEALED* WHEN TO 
TAKE EFFECT. 

Sec, 

5 70. Laws repealed. 

571. When to take effect. 

Instructions for guidance of election 
i officers. 










The Eagle Library. 


FALL PRIMARY ELECTION 


CHAPTER 524. 

AN ACT 

In relation to the fall primary in 
the year nineteen hundred and 
fourteen. 

Became a law June 2, 1914, with 
the approval of the Governor. Passed, 
three-fifths being present. 

The People of the State of New 
York, represented in Senate and As. 
se in hi y . do enact as follows* 

Section 1. In the year nineteen hun¬ 
dred and fourteen, the official primary 
election, provided in the election 
law to be held on the fifth Tues¬ 
day before the general election in such 
year, shall be held, instead, on the 
Monday preceding, to wit: the Mon¬ 
day before the fifth Tuesday before 
such general election. In such year 
the times for performing the follow¬ 
ing acts, relating to the fall primary, 
shall be as provided in the election 
law, namely: designations to be filed 
not earlier than August twenty-sev¬ 
enth and not later than September 
eighth; declinations of designations to 
be filed not later than September four¬ 
teenth; designations to fill vacancies 
under section fifty of such law to be 
filed not later than September fif* 


teenth; certification of designated can¬ 
didates by secretary of state, under 
section fifty-one of such law to be 
transmitted not later than September 
seventeenth. 

This act shall not affect the validity 
of any designating petition, to which 
the affixing of signatures has been 
heretofore begun or completed, for an 
official primary election therein stated 
to be held on the twenty-ninth day of 
September, nineteen hundred and four¬ 
teen, and such reference shall be held 
to mean the official primary election in 
such year to occur on the day fixed by 
this act; but this act shall not, in any 
other respect, be construed to validate 
any petition or any signature thereon 
which does not comply with law or to 
legalize, authorize, remedy or excuse 
any unlawful act, omission or matter 
or legal defect relating to or affecting 
such petition. 

Sec. 2. This act shall take effect 
immediately. 

The following to be read in connec¬ 
tion With section 89 on page 22. 

Sec. 89. Canvass of statements of 
results; certificates of election to party 
position. * * * 

2. Canvass by the secretary of state. 
The secretary of state shall forthwith 
proceed to canvass the certified state¬ 
ments so filed with him, and such can¬ 
vass shall be made separately as to the 
candidates of each party. 


The candidate voted for at an of¬ 
ficial primary election who has th* 
highest number of votes shall receive 
the nomination of said party for the 
public office, or be elected to the party 
position, for which he was designated 
or voted for. The secretary of state 
shall forthwith transmit to each can¬ 
didate elected to a party position a 
certificate of such election. 

3. A certificate of election to party 
position at an official primary of a 
party duly issued as herein provided 
shall entitle the person to whom it is 
issued to membership in the commit¬ 
tee or to a seat in the national con', 
vention to which he is elected. Upon 
the completion of said canvass to be 
made by the secretary of state, ha 
shall prepare certified statements of 
the result of the primary election of 
each party participating therein. 

4. The statements of result of any 
official primary election filed or pre¬ 
pared in the office of a custodian of 
primary records or of the secretary 
of state showing the nomination of a 
party candidate for public office at an 
official primary election shall be equiv¬ 
alent to a certificate of his nomination, 
and no other certificate of nomination 
shall be required to be filed for any 
such candidate so nominated. CAs 
added by Chap. 891, Laws of 1911, and 
amended by Chap. 820, Laws of 1918.1 








The Eagle Library, 


STATE OF NEW YORK 


THE ELECTION LAW 

L. 

BEING 

CHAPTER 17 OF THE CONSOLIDATED LAWS 
CONTAINING AMENDMENTS OF 1915 


r [Note—The first five articles of the Election Law embrace what is known as the Direct Primaries Law.] 


CHAPTER 22. 


AN ACT 

In relation to the elections, consti¬ 
tuting chapter seventeen of the con¬ 
solidated laws. 

Became a law February 17, 1909, 
with the approval of the Governor. 
Passed, three-fifths being present. 

The People of the State of New 
York, represented in Senate and As¬ 
sembly, do enact as follows: 


CHAPTER 17 

OF THE CONSOLIDATED LAWS 
ELECTION LAW 

’Article 1. Short title; application; defi¬ 
nitions (sections 1-3). 

2. Enrollment of voters (sec¬ 

tions 4-24). 

3. Party organization (sections 

35-43). 

4. Party nominations and des¬ 

ignations (sections 45-58). 
4-a. Conduct of official primary 
elections; canvass of re¬ 
turns (sections 70-94). 
s 4-b. Conventions (sections 110- 
114). 

5. Nominating certificates; em¬ 

blems; vacancies (sec¬ 
tions 121-137). 

6. Registration of voters (sec¬ 

tions 150-184). 

7. Board of elections (sections 

190-208. 

8. Times, places, notices, offi¬ 

cers and expenses of elec¬ 
tions (sections 290-320). 

9. Ballots and stationery (sec¬ 

tions 330-345). 

10. Conduct of elections and 

canvass of votes (sections 
350-381). 

11. Voting machines (sections 

390-421). 

12. Boards of canvassers (sec¬ 

tions 430-444). 


’Schedule of headings amended by 
chap. 891, Laws of 1911, and chap. 
800, Laws of 1913. 

’Article 4-b repealed by chap. 820, 

Laws of 1913. 


13. United States senators, rep¬ 

resentatives in congress 
and presidential electors 
(sections 449-457). 

14. State superintendents of 

elections (sections 471- 
489). 

15. Soldiers’ and sailors’ elec¬ 

tions (sections 500-522). 

16. Corrupt practices (sections 

540-562). 

17. Laws repealed; when to 

take effect (sections 570, 
571). 


ARTICLE 1. 

SHORT TITLE; APPLICATION i 
DEFINITIONS. 

’Section 1. Short title. 

2. Application. 

3. Definitions. 

Short title. 

Sec. 1. This chapter shall be known 
as the “Election Law.” 

Application. 

Sec. 2. Except as otherwise herein 
provided, articles two, three, four and 
four-a of this chapter shall be con¬ 
trolling: 

1. On the method of enrolling the 
voters of a party. 

2. On the organization and conduct 
of party committees. 

3. On the method of electing mem¬ 
bers of state and county committees, 
and delegates and alternates to na¬ 
tional party conventions. 

4. On the nomination by parties of 
all candidates for offices authorized to 
be filled at a general election, except 
town, village and school district offi¬ 
cers. CAs added by chap. 891, Laws of 
1911, and amended by chap. 820, Laws 
of 1913.1 

Definitions. 

Sec. 3. The terms used in this chap¬ 
ter shall have the signification herein 
defined unless other meaning is clearly 
apparent in language or context: 

1. The term “general election’.’ means 
the election held on the Tuesday next 
succeeding the first Monday in Novem¬ 
ber. 

2. The term “official primary” or 
“official primary election” means a 
primary election held by a party for 
the purpose of nominating candidates 
for office or, electing persons to party 
positions and conducted by the public 


’Schedule of section headings amend¬ 
ed by chap. 891, Laws of 1911. 


officers charged by law with the duty 
of conducting general elections. An 
“unofficial primary” or “unofficial pri¬ 
mary election” means any other pri¬ 
mary or primary election held by a 
party or independent body. 

3. The term “primary day” means 
the day upon which an official pri¬ 
mary election is held, as in this chap¬ 
ter provided. 

4. The term “fall primary” means 
the official primary election held on 
the fifth Tuesday before the general 
election. 

5. The term “spring primary” means 
the official primary election held on 
the first Tuesday in April in years 
when a president of the United States 
is to be elected. 

6. The term “unit of representa¬ 
tion” means any election district, town, 
ward of a city, assembly district, or 
any other political subdivision of the 
state, respectively, which is the unit 
from which members of any political 
committee or delegates to a party con¬ 
vention shall be elected as herein pro¬ 
vided. 

7. The term “custodian of primary 
records” means the officer or board 
whose duty it is by the provisions of 
this chapter to provide official ballots 
for general elections. 

8. The term .“party” means any 
political organization which at the last 
preceding election for governor polled 
at least ten thousand votes for gov¬ 
ernor. 

9. The term “nomination” means the 
selection in accordance with the pro¬ 
visions of this chapter of a candidate 
for office authorized to be filled at a 
general election or at a special elec¬ 
tion held to fill a vacancy in such 
office. 

10. The term “designation” means 
any method in accordance with the 
provisions of this chapter by which 
candidates for party nominations, or 
for election as party committeemen or 
delegates, may be named in order that 
they may be placed upon the official 
ballot for any official primary election. 

11. The term “official primary bal¬ 
lot” means the ballot prepared, printed 
and supplied for use at an official pri¬ 
mary election in accordance with the 
provisions of this chapter. 

12. The term “party position” means 
membership in a party committee or 
the position of delegate or alternate to 
a national party convention. 

13. The term “committee” means 
any committee chosen, in accordance 
with the provisions of this chapter, to 
represent the members of a party in 
any political subdivision of the state. 

14. The term “independent body” 











Eagle Library—THE ELECTION LAW OF THE STATE OF NEW YORK 


9 


means any organization or association 
of citizens which, by independent cer¬ 
tificate, nominates candidates for office 
to be voted for at a general, special or 
village election, or town meeting, and 
which. If such independent body nom¬ 
inated a candidate for governor at the 
preceding general election of a gover¬ 
nor, did not poll at least ten thousand 
votes for its candidate for such office. 

15. The term “party nomination” 
means the selection by a party of a 
candidate for an office authorized to 
be filled at a general election, or at a 
special election held to fill a vacancy 
in such office, or at a town meeting. 

16. The term “independent nomina¬ 
tion” means the selection of a candi¬ 
date by an independent body for an 
office authorized to be filled at a gen¬ 
eral election, or at a special election 
held to fill a vacancy in such office, or 
at a town meeting. 

17. The term “party candidate” or 
“party nominee” means a person who 
is selected by a party to be its candi¬ 
date for an office authorized to be 
filled at a general election, or at a spe¬ 
cial election held to fill a vacancy in 
such office, or at a town meeting. 

18. The term “independent candi¬ 
date" or “independent nominee” means 
a person who is selected by an inde¬ 
pendent body to be its candidate for 
an office authorized to be filled at a 
general election, or at a special elec¬ 
tion held to fill a vacancy in such 
office, or at a town meeting. [As 
amended by chaps. 649 and 891, Laws 
of 1911, and chap. 820, Laws of 
1913.1 


4 ARTICLE 2 . 


ENROLLMENT OF VOTERS. 

Section 4. Delivery of enrollment 

books. 

5. Enrollment books. 

' 6. Voting booths and enroll- 
men boxes. 

7. Enrollment blanks and en¬ 

velopes. 

8. Delivery of enrollment 

blanks to voters who reg¬ 
ister personally. 

9 Delivery of enrollment 

blanks to voters where 
registration is not per¬ 
sonal. 

10. Enrollment by voters. 

11. Examination, sealing and 

custody of enrollment 
boxes. 

12. Certification and secrecy 

of enrollment where reg¬ 
istration is personal. 

13. Certification and secrecy 

of enrollment where reg¬ 
istration is not personal. 

14. Opening of enrollment box 

and completion of enroll¬ 
ment. 

14-a. ‘-“Correction of enroll¬ 
ment lists. 

14-b.‘-'’Special enrollment 
upon becoming of age. 

15. “Enrollment in the year 

nineteen hundred and 
eleven. 

16. Duplicate enrollment books. 

17. Use of duplicate enrollment 

books at unofficial pri¬ 
maries. 

18. Use of original enrollment 

books at official pri¬ 
maries. 

19. Rights to enroll and vote 

at primaries. 


‘Entire article amended by chap. 
891, Laws of 1911. 

‘“New section added by chap. 52, 
Laws of 1912. 

“New section added by chap. 244, 
Laws of 1914. 

•So in original. 


20. tNew enrollment books for 

changed districts. 

21. Enrollment books to be 

public records; tran¬ 
scrips of enrollment. 

22. Publication of enrollment. 

23. Judicial review of enroll¬ 

ment. 

24. Correction of enrollment 

with respect to persons 
not in sympathy with 
party. 

Delivery of enrollment books where 
registers do not include enroll¬ 
ments. 

Sec. 4. In any political subdivision in which the 
registers of electors do not provide for entries of 
party enrollments, the custodian of primary rec¬ 
ords shall cause to be prepared on or be¬ 
fore the fifteenth day of September in eadh 
year, original enrollment books to the num¬ 
ber of two for each election district. Such 
enrollment books shall he so arranged that 
the names of all voters of the election dis¬ 
trict may be inscribed therein alphabetically. 
Said books shall be delivered by the cuMo- 
dian of primary records to the election 
inspectors of the respective election districts 
immediatteiy before the fii*st day Of regis¬ 
tration in each year and also in districts 
wholly outside of a city or village having 
five thousand inhabitants or more, to the 
town clerk at least twenty-four hours be¬ 
fore the first day of registration, who shall 
deliver such enrollment hooks to the in¬ 
spectors of election of the respective elec¬ 
tion districts in his town one-half hour 
before the opening of the polls. [As amended 
by chap. G78 k Laws of 1915.] 

Enrollment books where registers 
tlo not ineluile enrollments. 

Sec. fi. In a political subdivision referred 
to in the preceding section the enrollment 
books shall be so arranged and printed 
that there shall be twelve columns on each 
page; the first for the enrollment numbers 
of the voters; the second for the surnames 
of the voters; the third for the Christian 
names of the voters; the fourth for their 
residence addresses; the fifth for the word 
“yes”; the sixth for the name of the party, 
if any, with which the voter shall enroll; 
the seventh for the word “voted” in case 
the voter votes at the spring primary; the 
eighth for a record as to challenges in case 
he is challenged thereat; the ninth and 
tenth columns for similar entries in case 
he votes at the fall primary; and the 
eleventh and twelfth columns for similar 
entries in case there be a third official 
prmary election or an unofficial primary 
election. 

References, in this chapter, to a particu¬ 
lar column, by number, of the enrollment 
books shall mean, when applied to a city 
having more than one million inhabitants, 
the appropriate column of the registers of 
electors. [As amended by chap. 678, Laws 
of 1915.] 

Voting booths and enrollment boxes. 

Sec 6. The custodian of primary rec¬ 
ords shall cause at least two voting 
booths of the same kind and description 
as voting booths used at general elec¬ 
tions to be erected in each place of reg¬ 
istration before the first day of registra¬ 
tion in each year, and such booths shall 
be and remain in said places of regis¬ 
tration during the registration at the 
i regular meetings for registration during 
that year; and it shall be the duty of 
the custodian of primary records to fur¬ 
nish in each voting booth so erected the 
same articles as are required by law to 
be placed therein for a general election, 
which articles shall remain therein dur¬ 
ing such registration. He shall also 
provide in like manner one enrollment 
box In each place of registration of suf¬ 
ficient capacity to hold all the enroll¬ 
ment blanks and envelopes which are to 
be furnished for such place of registra¬ 
tion, which shall be similar to the bal¬ 
lot boxes prescribed by law to be used at 
a general election. He shall also in like 

tRepealed by chap. 244, Laws of 1914 


manner provide at each polling place on 
general election day, in election districts 
wholly outside of a city or village hav¬ 
ing five thousand inhabitants or more, 
two such voting booths, for the enroll¬ 
ment of voters, the needed articles there¬ 
for, and an enrollment box, as ab.ove 
provided. 

Enrollment blanks and envelopes. 

Sec. 7. There shall also be prepared 
and distributed by the custodian of 
primary records in the manner and at 
public expense as provided in this 
chapter for the furnishing of official 
ballots, such a number of enrollment 
blanks and envelopes for each election 
district, as will exceed by twenty-five 
the total number of voters registered 
in such district. The enrollment blanks 
shall be printed on white paper, and 
on the face thereof shall be printed 
the following, or the substance there¬ 
of, the blanks to be filled in in type so 
far as possible: 

“Primary enrollment for the year 

.city (or village or town) 

of.; county of. 

.; . I. . . assembly dis¬ 
trict (or ward or town); . 

election district; enrollment number 


Name of voter. 

“I.who 

have placed a mark underneath the 
party emblem hereunder of my choice, 
do solemnly declare that I have this 
day registered as a voter for the next 
ensuing election (or, if the voter was 
duly registered otherwise than person¬ 
ally, that ‘I have this day voted in the 
above election district’), and that I am 
a qualified voter of the election district 
in which I have so registered (or 
voted), and that my residence address 
is as stated by me at the time I so 
registered (or, if registration was not 
personal, a statement of the voter’s 
present address); that I am in general 
sympathy with the principles of the 
party which I have designated by my 
mark hereunder; that it is my inten¬ 
tion to support generally at the next 
general election, state or national, the 
nominees of such party for state or 
national offices, and that I have not 
enrolled with or participated in any 
primary election or convention of any 
other party since the first day of 
last January. The word ‘party’ as used 
herein means a political organization 
which at the last preceding elec¬ 
tion of a governor, pplled at least ten 
thousand votes for any candidate for 
any office nominated by it to be voted 
for by all of the electors of the state. 

.Party ..Party 

(Insert emblem) (Insert emblem) 



“Make a cross X mark, with a pen¬ 
cil having black lead, in the circle 
under the emblem of the party with 
which you wish to enroll, for the pur¬ 
pose of participating in its primary 
elections during the next year.” 

The circle underneath the emblem 
shall be one inch in diameter, and in 
them nothing shall be printed. The 
party emblems shall be the same as 
those which were on the ballots for 
each party respectively at the last pre¬ 
ceding general election, and such em¬ 
blems shall be so arranged on each 
blank that the emblem of the majority 
party at the last preceding general 
election of a governor shall be first, 
and the other emblems shall follow in 
order in accordance with the vote cast 
for such office at such election; over 
each emblem shall be printed, in type 
clearly legible, the name of the party 
represented by such emblem. The en¬ 
rollment blanks shall have thereoa 





























10 


Eagle Library—THE ELECTION LAW OF THE STATE OF NEW YORK 


only the emblems of those parties to 
which this article is applicable and 
shall be distributed inclosed within 
the enrollment envelopes having cor¬ 
responding enrollment numbers. The 
enrollment envelopes shall be of such 
size as to permit inclosure therein, 
without folding, of the enrollment 
blank, and of such weight and tex¬ 
ture of paper as to make it impossible 
to read or decipher the printed mat¬ 
ter on the blank when the same is 
sealed on the inside thereof. Nothing 
shall be printed or written upon the 
enrollment envelopes, except the fol¬ 
lowing words, or the substance there¬ 
of, blanks to be filled in in type as far 
as possible: 

“Enrollment number. Primary en¬ 
rollment for year . city 

(or village or town) of.'» 

county of. . .. • • • 

. assembly district (or ward or 

town):.. election district. 

[As amended by chap. 820, Paws of 
191 3.1 


Delivery of enrollment blanks to 
voters who register personally. 

Sec 8 When, in any political subdi¬ 
vision of the state, a voter shall, at 
any of the regular meetings for reg¬ 
istration in any year, present him¬ 
self personally, for registration, to the 
board of election inspectors in any elec¬ 
tion district, his name and residence 
address shall be entered at the proper 
place in the two original enrollment 
books for that district. Afterhe shall 
have been registered as a qualified voter 
of that election district for the uoxt 
ensuing general election, the board cr 
election inspectors, or a member there¬ 
of shall forthwith and before such voter 
leaves the place of registration, enter 
his enrollment number, beginning with 
number one for the first voter enrolled 
on the first day, and so on in numerical 
order, opposite his name, in the first col¬ 
umn of the registration books and the en¬ 
rollment books, and shall write the 
name of the voter on the blank having 
the enrollment number which shall be 
opposite his name on the re f istl ! ati0n 
enrollment books, and shall fill in the 
other blank spaces on the enrollment 
envelope and blank, and shall deliver to 
such voter the enrollment envelope and 
the blank having his name on it. No 
voter shall be given more than two sets 
of enrollment blanks and envelopes in 
anv event, nor more than one set unless 
he shall spoil, deface, improperly mark, 
or otherwise destroy the first set given 
him. In case a second set is given him, the 
member of the board of election inspect¬ 
ors in charge of the enrollment books 
shall draw a line through such voter s 
enrollment number in the. first column in 
said enrollment and registration books, 
and shall insert in such space in said 
columns the number which shall be upon 
the new set to be given him, which num¬ 
ber shall always be the lowest number 
of the enrollment blanks and envelopes 
then unused in such election, distrie . 
The procedure specified in this section 
shall also apply to an election distnet 
comprising territory partly within and 
partly outside of a village in which per¬ 
sonal registration is required. 

Delivery of enrollment blanks to 
voters where registration is not per¬ 
sonal. 

Sec 9 When, in any town or village in 
which personal registration by certain 
of the voters is not required, or in an 
election district a part of which com¬ 
prises territory in which such personal 
registration is not required, a voter wh« 
was not registered personally shall pre¬ 
sent himself to the board of election in¬ 
spectors in any election district for the 
purpose of receiving an official ballot to 
be voted thereat, his name and residence 
shall be entered at the proper place 
in the original enrollment books for that 
district. After he shall have voted, the 
board of election inspectors, or a member 


thereof, shall forthwith and before such 
voter leaves the polling place, write his 
name on the enrollment blank and en¬ 
velope having the lowest number of the 
blanks then unused in such election dis¬ 
trict, shall fill in the other blank spaces 
on such enrollment blank and envelope, 
deliver to him the enrollment envelope 
and the blank having his name on it, 
and enter opposite his name in the first 
column of the registration and enroll¬ 
ment books the number on the blank de¬ 
livered to him. No voter shall be given 
more than two sets of blanks and envel¬ 
opes in any event, nor more than one 
sdt, unless he shall spoil, deface, im¬ 
properly mark, or otherwise destroy the 
first set given him. In case a second set 
is given him the member of the board of 
election inspectors in charge of the en¬ 
rollment books shall draw a line through 
such voter’s enrollment number in the 
first column in said registration and en¬ 
rollment books, and shall insert in such 
space in such column the number which 
shall be upon the new set to be given 
him. which number shall also be the 
lowest number on the enrollment blanks 
then unused in such election district. 
Enrollment blanks shall be numbered 
consecutively, beginning with the one 
succeeding the last number used on the 
inst preceding day of registration. 


Enrollment by voters. 

Sec. 10. Such voter desiring to enroll 
shall then enter a voting booth in said 
place of registration or polling place, 
ana, after having closed the door thereof, 
may make a cross X mark with a pen¬ 
cil having black lead in the circle un¬ 
derneath the. emblem of thb party of his 
selection and thereupon inclose said en¬ 
rollment blank in said envelope and seal 
the same, and. before leaving the place 
of registration or polling place, shall 
forthwith deposit the same in the enroll¬ 
ment box in said place of registration or 
polling place in the presence of the in¬ 
spectors of election, • U.hout in any way 
indicating the party with which he has 
or has not enrolled, and the inspectors 
shall thereupon enter in the enrollment 
books in the fifth column thereor the 
word “yes.” If a voter declines to enroll, 
he may return the blank and envelope 
to the inspector in charge of the en¬ 
rollment box, and such inspector shall 
seal said envelope with ’he blank therein, 
indorse the name of such voter thereon 
and deposit the same in the enrollment 
box; and a like entry shall be made 
opposite his name in the fifth column 
of the enrollment books. The entries in 
the enrollment and registration books 
required by this and the two preceding 
sections shall be made by a member of 
the board designated by the chairman. 

One mark crossing any other mark at 
any angle within the circle shall be 
deemed a cross mark within the meaning 
of this article. 

Examination, sealing: and enstody of 

enrollment boxes. 

Sec. 11. Before the entry of any enroll¬ 
ment number or the delivery of an en¬ 
rollment blank and envelope to any 
/oter, in any year, the said enrollment 
box shall be examined by the board of 
election inspectors and when empty shall 
be locked and sealed by them in such a 
manner that should it be opened such 
seal would be broken; and the same 
shall remain so locked and sealed until 
the same shall be opened by the custo¬ 
dian of primary records as hereinafter 
provided. Said boxes shall be in the 
charge and keeping of the custodian of 
primary records at all times except dur¬ 
ing hours of enrollment. 

Certification and secrecy of enroll¬ 
ment where registration is per¬ 
sonal. 

Bee. 12. 1.Except as otherwise provided in sub¬ 
division two hereof, at the close of the last meet¬ 
ing for registration in each year the board of 
election inspectors shall severally subscribe and 
verify duplicate declarations, one of which 
shall be printed in or attached to each of 


the original enrollment books. Such decla¬ 
rations shall be to the effect that the per¬ 
sons shown by such enrollment books; are 
the onlv persons who registered personally 
as voters in that district on any o said 
days of registration and shall set forth the 
number of the last enrollment blank used 
on such last day of registration. Immedi¬ 
ately upon the close of each day of regis¬ 
tration. and before leaving the meeting 
place, the board of election inspectors shall 
publicly Inclose the said enrollment books, 
together with all records pertaining thereto. 

In a sealed envelope, upon which shall be 
written or printed in distinct characters the 
number of the election district. Such en¬ 
velope shall remain in the custody of the 
chairman of the board until the meeting on 
the next day of registration, when it shall 
be publicly opened. - The envelope sealed at 
the close of the last day of registration 
shall, within twenty-four hours thereafter, 
be delivered to the custodian of primary 
records. Such envelope shall remain sealed 
until the next Tuesday following the next 
ensuing day of general election, except that 
in any election district in which personal 
registration as to certain of the voters is 
not required or comprising territory In 
which such personal registration is not re¬ 
quired such envelope shall be returned to 
the board of inspectors before the opening 
of the polls on the day of general election, 
to be by them opened and used and again 
delivered to the custodian of primary rec¬ 
ords as prescribed in section thirteen. No 
member of the board of election inspectors 
shall make, or allow to be made, a copy of, 
or a transcript or statement from, the en¬ 
rollment books. 

2. In a city of over one million inhabi¬ 
tants, at the close of the last meeting for 
registration in each year the board of 
election inspectors shall severally subscribe 
and verify four declarations, one of which 
shall be printed in or attached to each of 
the original registers. Such declarations 
shall be to the effect that the persons 
shown by such registers are the only per¬ 
sons who registered personally as voters in 
that district on any of said days of regis¬ 
tration and shall set forth the number of 
the last enrollment blank used on such last 
day of registration. [As amended by chap. 
678, Laws of 1915.] 

Certification and secrecy of enroll¬ 
ment where registration is not per¬ 
sonal. 

Sec. 13. At the close of the day 
of general election or on the fol¬ 
lowing day In each year the board 
ot election inspectors, where personal 
registration as to certain voters is 
not required, shall severally sub¬ 
scribe and verify duplicate declarations, 
one of which shall be printed on and at¬ 
tached to each of the original enrollment 
books. Such declarations shall be to the 
effect that the persons shown by such 
enrollment books whose enrollment num¬ 
ber is higher than the last number used 
on the last preceding day of registration 
are the only persons who voted in that 
district on such general election who 
were not registered personally. They 
shall Inclose such enrollment books, to¬ 
gether with all records pertaining there¬ 
to, in a sealed envelope, upon which 
shall be written or printed In distinct 
characters the number of the election 
district, and shall within forty-eight 
hours after the close of such genera) 
election deliver the same to the custo¬ 
dian of primary records. Such envelope 
shall remain sealed until the following 
Tuesday. No member of the board of 
election inspectors shall make, or allow 
to be made, a copy of or a transcript or 
statement from the enrollment books. 


Opening: of enrollment liox and com¬ 
pletion of enrollment. 

Sec. 14. It shall be the duty of the board 
of inspectors, or one of them, at the close 
of the registration, to deliver the enroll¬ 
ment box to the custodian of primary rec¬ 
ords. All enrollment envelopes contained 
therein shall remain in such box, and the said 
box shall not be opened nor shall any oi th» 

























11 


Eagle Library—THE ELECTION LAW OF THE STATE OF NEW YORK 


•nvelopes be opened or removed therefrom 
until the Tuesday following the day of gen¬ 
eral election in that year. Such box shall 
then be opened by the custodian of primary 
records and the envelopes contained therein 
shall be removed therefrom and opened by 
said custodian, and the name of the party 
designated by each voter under such decla- 
ratVm shall be by said custodian entered 
against the name of such voter In the ap¬ 
propriate column of three registers, in a 
city having more than one million in¬ 
habitants, and of the enrollment books 
elsewhere for the election district in which 
such voter resides. Such enrollment shall 
be completed before the succeeding fifteenth 
day of February In each year. If cross 
marks are found in more than one of the 
circles, or if no cross marks are found In 
any of the circles of any enrollment blank, 
the voter who used the enrollment blank 
thus deficient shall not be deemed to be 
enrolled, and words indicating the reason 
why such enrollment la not transcribed shall 
be entered against the name of such voter 
in the register columns reserved for the 
entry of party enrollments, In any city of 
ovefr one million Inhabitants, and elsewhere 
In the sixth column of the enrollment books. 
When all of the enrollments shall be tran¬ 
scribed from the blanks to the enrollment 
books or registers, the custodian of primary 
records shall subscribe and verify identical 
declarations, one of which shall be printed 
In or attached to each of the said original 
enrollment books or registers, which decla¬ 
ration shall be to the effect that he has 
correctly and properly transcribed the en¬ 
rollment Indicated on the blank of each 
voter to the said enrollment books or regis¬ 
ters, as herein provided. [As amended by 
chap, 678, Laws of 1916.] 

Correction of enrollment lists. 

Sec. 14-a. Any voter who has been 
or shall have been enrolled with the 
same political party for five years or 
uxiwards and who, at the time of 
marking: an enrollment blank on any 
day provided in this chapter for the 
enrollment of voters, makes a mark in 
the circle beneath the emblem of a 
party other than the one with which 
he desired or intended to enroll, by in¬ 
advertence, may at any time after the 
completion of the enrollment in any 
year as provided in this chapter and 
prior to the ensuing first day of July, 
have his party affiliation changed upon 
the enrollment list by the custodian of 
primary records with whom such list 
is filed by striking out the name of the 
party wdth which he is thus wrongly 
described as being affiliated and in¬ 
serting the name of the party with 
which he may declare that he is affili¬ 
ated by making, subscribing and ac¬ 
knowledging before any officer author¬ 
ized by law to take the acknowledg¬ 
ment of deeds for record in this state, 
and filing or causing to be filed with 
such custodian of primary records, a 
statement embodying a declaration in 
substantially the following form: “I, 

.. do solemnly declare 

that I reside in ... 

and am a duly qualified voter of the 

.election district of such city 

(assembly district, ward or town); 
that at one of the last preceding days 
for the enrollment pf party voters in 
such election district I received an en¬ 
rollment blank and made my mark in 
a circle under one of the party em¬ 
blems thereon, but such marking was 
done inadvertently and indicated my 
enrollment with a party with which I 
was not then affiliated and with which 
I did not intend to enroll; and I there¬ 
fore request that 1 be specially en¬ 
rolled with the party, 

I am in general sympathy with the 
principles of the party. 

It is my intention to support generally 
at the next general election the nom¬ 
inees of such party, I have been duly 
and regularly enrolled with such party 
for at least five years prior to the en¬ 
rollment at which such mistake oc¬ 
curred. I have not participated in any 


I 


primary election or convention of any 
other party during such period of five 
years.” If any of the enrollment lists 
for the preceding five years in the 
office of such custodian of primary 
records do not contain the name of 
such applicant, as an enrolled voter of 
the party named in the statement, the 
custodian of primary records shall re¬ 
quire him to produce a transcript of 
so much of an enrollment list as re¬ 
lates to him, if any, from the office of 
the custodian of primary records of 
the city or county in which he may 
have been enrolled for such year or 
years, accompanied with proof by af¬ 
fidavit showing his identity with the 
person whose name appears in such 
transcript. 

Upon the filing of such statement, 
and all other papers or certificates if 
required, the said custodian of primary 
records, if the records support the 
truth of the applicant’s statement, 
shall cause the request contained in 
such statement to be complied with, by 
changing the entry relating to the ap¬ 
plicant in the enrollment list to con¬ 
form thereto and recording in the 
proper column thereof the reason 
therefor, including a memorandum 
briefly describing the papers filed in 
support thereof. [Added by chap. 52, 
Laws of 1912J 


Special enrollment upon becominir of iis:e. 

Sec. 1 4-b, Any voter who shall have 
become of age after the last preced¬ 
ing general election may at any time 
on or before the fourth Tuesday pre¬ 
ceding an official primary in the year 
following such general election be¬ 
come specially enrolled with any party 
and have his name added to the origi¬ 
nal enrollment books of the election 
district in which he resides, in the 
manner following; 

He shall make and acknowledge be¬ 
fore an officer authorized to take the 
proof or acknowledgment of deeds to 
be recorded, and file or cause to he 
filed with the custodian of primary 
records, a statement embodying a dec¬ 
laration in substantially the following 
form, the blanks being properly filled 
in: 

“I, .. do solemnly de¬ 

clare that I reside at (here insert 
residence address), and am a resident 
and duly qualified voter of the ,,,,,, 
,,,,,, election district of the ,,,,,,,, 
assembly district (or of the 
ward of the city of or of 

the town of , ... .. in the 

county of , ..); that I be¬ 

came of age since the last preceding 
general election; that I am in general 
sympathy with the principles of the 
, . ... , , party and it is my inten¬ 

tion to support generally at the next 
general election, state or national, the 
nominees of such party for state or 
national offices; that I have not here¬ 
tofore enrolled with or participated in 
the primary election of any party. I 
therefore request that I be specially 
enrolled with the party.* 

The same party name shall be in¬ 
serted by the voter in the two spaces 
provided therefor. A blank for such 
statement and application shall be pro¬ 
vided by the custodian of primary rec¬ 
ords on demand to any person desiring; 
to specially enroll under this section. 
The mailing of such statement and ap¬ 
plication from any point within the 
jurisdiction of such custodian, ad¬ 
dressed to such custodian at his office, 
properly sealed with postage fully 
prepaid, on or before the day herein 
provided for filing the same, shall be 
a sufficient compliance with the re¬ 
quirements of this section, 

Upon receiving such statement, the 
custodian of primary records shall en¬ 
roll such voter with the said party of 
his choice in the original enrollment 
books fbr the proper election district, 
in the same manner as upon an en¬ 


*So in original. 


rollment blank deposited at one of the 
days of registration or on the day of 
general election; except that above the 
surname of such voter shall be written 
the word “Special” and above the 
Christian name the date of the filing 
or postmark of mailing of such state¬ 
ment and application. Voters specially 
enrolled hereunder shall be given by 
the custodian of primary records an 
enrollment number beginning, for the 
first voter thus specially enrolled, with 
the numeral following the highest 
number on the enrollment books of 
those enrolled in the election district 
at the preceding days of registration 
or general election. The custodian of 
primary records shall endorse the cor¬ 
responding number on the statemem 
of the voter to whom such number is 
given. All such statements and ap¬ 
plications shall be public l’ecords and 
open to inspection and may be copied 
by any person. They shall be kept on 
file for one year from the day of the 
next ensuing official primary. [As 
added by chap. 244, Laws of 1914.] 


Enrollment tor a new political 

party. 

Sec. 15. Where an independent body 
has become a party at a general elec¬ 
tion, an enrollment of the members of 
such party shall be made in the man¬ 
ner herein prescribed. After the first 
day of January and not later than the 
second Tuesday of April in the year 
next succeeding that in which such in¬ 
dependent body became a party, or in 
the year nineteen hundred thirteen not 
later than June first, the custodians of 
the primary records throughout the 
state shall cause to be mailed to all 
voters whose names appear upon the 
latest registration lists of their re¬ 
spective districts and who are not en¬ 
rolled as members of any political 
party, at their respective post-office 
addresses, enrollment blanks printed 
on white paper, on the face of which 
shall be printed the following, or the 
substance thereof, the blanks to be 
filled in in type so far as possible; 

“Primary enrollment for year ,, , 
city (or village or town) of 

county of .• . 

assembly district (or ward or town); 

■. election district; enroll¬ 
ment number.name of 

voter .•' 

I, the undersigned, do solemnly de¬ 
clare that 1 voted in the above elec¬ 
tion district at the general election 
held (insert date of last general elec¬ 
tion); that I still reside in said elec¬ 
tion district; and that my residence is 
at the address as given below; that I 
am in general sympathy with the prin¬ 
ciples of the party in the circle be¬ 
neath the name and emblem of which 
I have made a cross X mark, and sup¬ 
ported generally at the said general 
election the nominees of the said party, 
then an independent body; and that 
I. have not enrolled with any other 
party since the first day of January 
(here insert the year in which the 
general election was held), 

Party Party 

(Insert emblem) Insert emblem) 




(Voter sign here) ... ,. 

Residing at (The voter here inserts his 


residence) 

“Make a cross X mark in the circle 
under the emblem of the party with 
which you wish to enroll for the pur¬ 
pose of participating in its primary 
elections during the current year, and 
write your name and address in the 
blanks immediately under the circle oir 
circles.” .- 



































12 Eagle Library-THE ELECTION LAW OF THE STATE OF NEW YORK 


The circles under the emblems shall 
he one inch in diameter and in them 
nothing shall be printed. The party 
emblem shall be the same as those 
which were on the official ballots for 
each independent body, respectively, to 
which this section is applicable; over 
such emblem shall be printed in type 
clearly legible the name of the party 
represented by such emblem. The en¬ 
rollment blanks shall have thereon 
only the emblem of those parties 
which were independent bodies and 
became parties at the last preceding 
general election and shall have the 
following instruction printed across 
the top of the enrollment blanks: 
“Fill out, sign, and return on or be¬ 
fore the first Tuesday of June, nine¬ 
teen hundred and there insert the cur¬ 
rent year) to .... (here insert the 
name or title of the custodian of 
primary records), at .... (here insert 
the post office address, with street and 
number, if any, of the custodian of 
primary records).” 

Each voter who shall have properly- 
signed such an enrollment blank and 
shall have either mailed or delivered 
the same to the proper custodian of 
primary records on or before the first 
Tuesday of June, of the then current 
year, or in the year nineteen hun¬ 
dred thirteen on or before July first, 
shall be enrolled in his proper 
and designated party, subject to all the 
provisions of this chapter applying to 
enrollment books of party voters, and 
the custodian of primary records shall 
enter against the name of each voter 
in the appropriate column of the en¬ 
rollment book for the election district 
in which such voter resides the name 
of the party with which such voter 
shall thus enroll. The postmark on 
any envelope containing such an en¬ 
rollment blank shall be deemed con¬ 
clusive prof of the date on which the 
same was mailed. 

One additional copy of the said en¬ 
rollment blank shall be furnished to 
each voter who applies therefor. Ad¬ 
ditional copies shall be furnished at 
the rate of twenty-five cents per hun¬ 
dred to any person. 

The enrollment blanks as soon as 
received by the custodian of primary 
records from the voter shall be pub¬ 
lic records and shall be open to in¬ 
spection and copying at any time by 
any person. They shall be kept on file 
for one year from the first Tuesday in 
June, [As amended by chap. 587, Laws 
of 1913.1 

Duplicate enrollment books. 

Sec. 16. The custodian of primary 
records shall annually provide a true 
copy, duly certified, for each party of 
so much of the said enrollment books 
as will give the names, addresses and 
political affiliation of each voter. The 
said custodian shall, in the month of 
February of each year, deliver one 
such certified copy to the chairman of 
the proper county committee of each 
such party, Such certified copies shall 
conform in all respects to the form of 
the original enrollment books, or to 
the portion transcribed, as the case 
may be. The custodian of primary 
records shall certify to such chair¬ 
man that each such copy is a correct 
transcript from the original enrollment 
book, made during the days of regis¬ 
tration of voters for or at the preced¬ 
ing general election. [As amended by 
chap, 820, Laws of 1913,] 

Use of duplicate enrollment books at 

unofficial primaries, 

gee 17. At all unofficial primary elec¬ 
tion/of a party, the certified copy of the 
enrollment hooks shall be used, and no 
voter shall be allowed to take part in 
such primary election as a resident of 
an election district, unless his name is 
Upon the certified copy of the enrollment 
book for jffiat district, showing that he is 
enrolled with the party in whose primary 
•Lection he seeks to participate. 


Use of original enrollment books at official 
primaries. 

Sec. 18. The orginal enrollment 
books shall be used at all official 
primary elections, and shall be deliv¬ 
ered, as provided in this chapter, 
to the proper boards of election in¬ 
spectors immediately before the opeii- 
ing of the polls on each official pri¬ 
mary day, and shall be returned to 
the custodian of primary records 
forthwith, after the completion of the 
canvass of the votes. Such enrollment 
books shall go into effect on the first 
day of January following the days of 
registration on which they are begun, 
and shall with any additions or 
changes made as herein provided, re¬ 
main in force until the first day of 
the following January, when they shall 
be superseded by the new enrollment 
books, as herein provided. [As 
amended by chap. 244, Laws o fl914.J 

Right to enroll «n«l vote at primaries. 

Sec. 19. No voter who has once enrolled 
in a political party shall be permitted 
to enroll in another political party be¬ 
fore the first day of the next registration. 
Only voters enrolled as provided in this 
article shall be entitled to participate in 
the official primary elections of their re¬ 
spective parties. No voter shall take 
part in any primary election of any party 
other than the party in which he shall 
at the time be enrolled. 

Enrollment T»ooLs to be public rec¬ 
ords; transcripts of enrollment. 

Sec. 21. The enrollment books herein 
provided for and any declarations filed 
on enrollment shall be public records, 
and shall be open to inspection and 
copying at any time and by any per¬ 
son, except for the period during 
which they are required to remain 
sealed as herein provided. It shall be 
the duty of the custodian of primary 
records'to certify to the correctness of 
any transcript of such enrollment 
books, or of any part thereof, on the 
payment of one cent for every twenty 
names contained in the transcript. 
Wherever the custodian of primary 
records is a salaried officer, the fees 
received by him for certifying such 
transcripts shall be paid into the pub¬ 
lic treasury. Such a certified trans¬ 
cript, containing the name and show¬ 
ing the enrollment of any voter, shall 
be sufficient evidence of such enroll¬ 
ment. The custodian of primary rec¬ 
ords shall give to any voter enrolled 
as in this article provided, a certificate 
of enrollment, which shall specify the 
name of the party with which he is 
enrolled, the date of enrollment and 
the election district in which such 
voter is enrolled. Declarations and en¬ 
rollment blanks filed by voters 
shall be public records and shall 
be kept on file until one year 
thereafter. No person shall be re¬ 
quired to enroll, nor shall his failure 
to do so affect his right to register for 
the purpose of voting at any election. 
[As amended by chap. 820, Laws of 
1913.] 

Publication of enrollment. 

Sec, 22. The board of elections of 
every city of the first class containing 
within its boundaries more than one 
county shall and the board of elec¬ 
tions of any county containing a city 
of the first or second class and when 
authorized by the board of supervisors 
the board of elections in any other 
county may, in its discretion, cause to 
be published, for each assembly dis¬ 
trict, within a county over which such 
board has jurisdiction in pamphlet 
form, and at public expense a trans¬ 
cript of the enrollment books of each 
election district in the assembly dis¬ 
trict, omitting all entries except the 
names, the residence addresses, and 
the party, if any, recorded opposite 
the respective names. Where an inde¬ 
pendent body shall hereafter become 
a party at a general election held after 


the enrollment, of which the lists may 
have beer, published under the pro¬ 
visions of this section, by the board 
of elections, a transcript of all entries 
upon the enrollment books added 
thereto under the provisions of sec¬ 
tion fifteen relating to enrolled voters 
of such new party, shall be published 
in the manner hereinabove provided 
between the first Tuesday in June and 
the first Tuesday in July of the year 
in which an enrollment is had of the 
members of such new party omitting 
all entries upon such enrollment ex¬ 
cepting the names of those enrolled 
with the new party, the residence ad¬ 
dresses and the name of the party re¬ 
corded opposite each name; provided, 
however, that if not more than one 
new party shall have been thus cre¬ 
ated, the name of the party to which 
suih transcript relates may be placed 
at the head of the list and need not be 
repeated opposite each name. The 
board of elections shall provide all 
such transcripts for publication. [As 
amended by chap. 244, Laws of 1914.] 

Jndicinl review of enrollment. 

Sec. 23. If any statement in the declar¬ 
ation of any person, on the evidence of 
which his name was enrolled in the origi¬ 
nal enrollment books for any election dis¬ 
trict by the custodian of primary rec¬ 
ords, or if any entry opposite the name 
of any person in such enrollment books 
is false, or if any person enrolled in such 
enrollment books has died, or has re¬ 
moved from or no longer resides in such 
election district, any voter of the assem¬ 
bly district in which such election dis¬ 
trict is located (provided »uch voter is 
himself duly enrolled with the same po¬ 
litical party with which the person, as to 
whom the application is made, was en¬ 
rolled) may present proof thereof by affi¬ 
davit to the supreme court, or to any 
justice thereof, in the judicial district, 
or to a county judge of the county, in 
which such election district is located. 
And thereupon such court, justice or 
judge shall make an order requiring the 
person against or as to whom the pro¬ 
ceeding is instituted, unless he is shown 
to have died, as hereinafter provided, to 
show cause before such court, justice or 
judge, at time and place specified in 
such order, why his name should not be 
stricken from such enrollment book. Such 
order shall be returnable on a day at 
least ten days before a primary election, 
and a copy thereof shall be served on 
the person against whom the proceeding 
is instituted and on the custodian of pri¬ 
mary records at least forty-eight hours 
before the return thereof, either person¬ 
ally or by depositing the same in the 
post-office of the city in which such 
election district is located, in a postpaid 
wrapper or envelope addressed to the 
custodian of primary records at his office, 
and to such person by his name at his 
present address, if known, and otherwise 
at the address which appears in the en¬ 
rollment books for such election district. 
If the person as to whose name the ap¬ 
plication is made is claimed to be dead, 
the order to show cause hereinabove pro¬ 
vided for shall be directed to the cus¬ 
todian of primary records, and service 
thereof need only be made upon such 
custodian of primary records, such serv¬ 
ice to be made in the manner hereto¬ 
fore in this section specified; but an 
order requiring the custodian of primary 
records to show cause why the nanje of 
a person claimed to be dead should not 
be stricken from the enrollment books 
shall not be made unless the affidavit 
presented to the court, justice or judge 
by the voter instituting the proceeding 
shall state that such voter has personal 
knowledge of the death of the person 
with respect to whose name the applica¬ 
tion is made and unless such affidavit is 
substantiated either by a certificate of 
the health department or by other com¬ 
petent evidence of such death. Th» 
custodian of primary records shall pro¬ 
duce before the court, justice or judge, 

















Eagle Library—THE ELECTION LAW OF THE STATE OF NEW YORK 


13 


the original enrollment declaration sub¬ 
scribed by the person against or as to 
whom the proceeding is instituted. The 
court, justice or judge shall hear the per¬ 
sons interested, and if it appears by 
sufficient evidence that any statement in 
the declaration of the person against 
whom the proceeding is instituted, on the 
evidence of which he was enrolled by the 
custodian of primary records, or any 
statement opposite his name in the orig¬ 
inal enrollment books, is false, or that 
such person is dead or has removed from 
or no longer resides in the election dis¬ 
trict for which he is enrolled, shall or¬ 
der the name of such person stricken 
from the enrollment books, except as 
hereinafter provided. If at such hearing 
the person against whom the proceeding 
is instituted shall produce evidence that 
the custodian of primary records has in¬ 
correctly copied into the enrollment 
books the data contained in the declara¬ 
tion of such person, and that if correctly 
copied such person would be entitled to 
be enrolled in such election district, such 
order, instead of requiring his name to 
be stricken from the enrollment books, 
shall require the correction of the enroll¬ 
ment books in accordance with such evi¬ 
dence. In either case the order shall re¬ 
quire the custodian of primary records to 
strike such name from the enrollment 
books, or to otherwise correct such en¬ 
rollment books in accordance with such 
orijer. Upon the correction of such en¬ 
rollment books in accordance with such 
order, the custodian of primary records 
shall certify such correction to the chair¬ 
men of the general committee of each 
party to whom a duplicate set of enroll¬ 
ment books has been delivered in pursu¬ 
ance of section sixteen of this chapter. 

Correction of enrollment with respect 
to persons not in sympathy with 
party. 

Sec. 24. If any person is not in 
sympathy with the principles of 
the political party with which such 
person is enrolled, any voter of the 
assembly district in which such elec¬ 
tion district is located (provided such 
voter is himself duly enrolled with the 
same political party with which the per¬ 
son as to whom the application is made 
was enrolled) may present proof thereof 
by affidavit to the chairman of the county 
general committee of the political party 
with which the voter enrolled, and the 
chairman of such county general 
committee shall issue a notice re¬ 
quiring the person against or as to 
whom the proceeding is instituted to 
show cause before such chairman of the 
county general committee, or a subcom¬ 
mittee appointed by such chairman, at 
a time and place specified in such notice 
why his name should not be stricken 
from such enrollment books. Such notice 
shall be returnable on a day at least 
fifteen days before a primary election, 
and a copy of the affidavit shall be served 
on the person against whom the pro¬ 
ceeding is instituted and on the cus¬ 
todian of primary records at least forty- 
eight hours before the return thereof, 
either personally or by depositing the 
same in the postoffice, of the city in 
which such election district is located, in 
a postpaid wrapper or envelope addressed 
to the custodian of primary records at 
his office, and to such person by his name 
at his present address, if known, and 
otherwise at the address which appears 
in the enrollment books for such elec¬ 
tion district. The chairman of such com¬ 
mittee shall in his discretion personally 
hear the persons interested in the pro¬ 
ceeding or appoint a subcommittee to 
take testimony, and in such event the 
action of the subcommittee shall not be 
final unless approved of by the chairman 
of such county general committee, and if 
it appears by sufficient evidence that 
such person is not in sympathy with the 
principles of the political party with 
which such person enrolled, the chairman 
of the county general committee shall 
cause to be filed a certificate with the 


board of elections Or with the custodian 
of primary records setting forth reasons 
why the name of such person shall be 
stricken from the enrollment books, to¬ 
gether with a record of the proceedings 
had in the matter. It shall be the duty 
of the board of elections or the cus¬ 
todian of primary records to make ap¬ 
plication to the supreme court or to any 
justice thereof in the judicial district, 
or to a county judge of the.county, in 
which such election district is*located, 
for an order requiring the person against 
or as to whom the proceeding is in¬ 
stituted to show cause before such court, 
justice or judge, at a time and place 
specified in such order, why the decision 
of the chairman of such county general 
committee should not be confirmed. Such 
order shall be returnable on a day at 
least five days before a primary election, 
and a copy thereof shall be served on 
the person against whom the proceeding 
is instituted at least forty-eight hours 
before the return thereof in the manner 
hereinbefore provided. The said court, 
justice or judge shall have power to 
examine fully into the proceedings taken 
before such chairman or subcommittee 
and to receive affidavits or other evi¬ 
dence as to the manner in which such 
proceedings were conducted, and shall 
determine whether or not said proceeding 
was fairly conducted and the finding made 
therein was made upon sufficient grounds 
upon the merits, and he may approve 
or disapprove such finding as shall seem 
to him to be required to do substantial 
justioe to the party against whom the 
proceeding was instituted and without 
regard to technical requirements. The 
court, justice or judge upon approving 
of the finding of the chairman of such 
county general committee shall issue an 
order to the board of elections or to 
the custodian of primary records requir¬ 
ing the name of the voter to be stricken 
from the enrollment books 


1 ARTICLE 3. 

PARTY ORGANIZATION. 


2 Section 


35. Party committees. 

36. State committee. 

37. County committee. 

38. Election of members of 

state and county com¬ 
mittees. 

39. Formation of committees 

other than state or 
county committees. 

40. Organization and rules of 

committees. 

41. Review of election of 

committees. 

42. Removal of member of 

committee. 

43. Vacancies in state or 

county committees. 


Party committees. 

Sec. 35. Party committees shall 
consist of a state committee, county 
committees, and such other commit¬ 
tees as the rules and regulations of the 
party may provide. [As amended by 
chap. 820, Laws of 1913.] 


State committee. 

Sec. 36, The state committee of 
each party shall be constituted by 
the election from each assembly dis¬ 
trict of one member who shall be an 
enrolled voter of the party within said 
district. Each member of a state com¬ 
mittee shall be entitled to one vote. 

In case of the death, declination, 
disqualification, removal from district, 
or removal from office of a member 
of a state committee or the failure to 
elect a member as by reason of a tie 
! vote, the vacancy in such state com¬ 
mittee caused thereby shall be filled 
by the remaining members of such 


’Entire article amended by chap. 891, Laws 
of 1911. 

’Schedule of section headings amended by 
chap. 820, Laws of 1913. 


state committee as provided in section 
forty-three of this chapter. [As 
amended by chap. 4, Laws of 1912, and 
chap. 820, Laws of 1913.] 

County committee. 

Sec. 37. The county committee of 
each party shall be constituted by 
the election in each election district 
within such county of at least one 
member, and of such additional mem¬ 
bers as the rules and regulations of 
the party may provide for such dis¬ 
trict, proportional to the party vote in 
the district for governor at the last 
preceding gubernatorial election; or, if 
no additional members are required by 
the rules, the voting power of each 
member shall be in proportion to such 
vote. Each member of a. county com¬ 
mittee shall be an enrolled voter of 
the party residing in the assembly dis¬ 
trict containing the election district in 
which he is elected. Each member of 
a county committee shall be entitled to 
one vote. 

In case of the death, declination, 
disqualification, removal from district 
or removal from office of a member of 
the county commitee, or the failure to 
elect a member, as by reason of a tie 
vote, the vacancy in such county com¬ 
mittee caused thereby shall be filled by 
the remaining members of such county 
committee as provided in section forty- 
three of this chapter. [As added by 
chap. 820, Laws of 1913.] 

Election of members of state and 

county committees. 

Sec. 38. Members of the state 
and county committees shall be elected 
at official primary elections as herein 
provided for. Members of the state 
committee shall be elected biennially 
in each even numbered year. Members 
of county committees shall be elected 
annually. 

Members of both committees shall 
be elected at fall primaries, except 
that in a year when a president of the 
United States is to be elected, such 
members of committees shall be 
elected at the spring primary. The 
members of either committee shall 
hold office until the election of their 
successors. [As amended by chap. 4, 
Laws of 1912, and chap. 820, Laws of 
1913.] 

Formation of committees other than 

state or county committees. 

Sec. 39. All committees other than 
state and county committees shall be 
formed in the manner provided for by 
the rules and regulations of the party. 
[As added by chap. 820, Laws of 1^13.] 

Organization and rules of commit¬ 
tees. 

Sec. 40. Every state and county 
committee, shall within ten days after 
their election meet and organize by 
the election of a chairman, treasurer 
and secretary, and such other officers 
as its rules may provide, and with is 
three days thereafter file with the 
secretary of state and the board of 
elections of the county a certificate 
stating the names and post-office ad¬ 
dresses of such officers. 

Each committee may prepare rules 
and regulations for the government of 
the party and the conduct of the offi¬ 
cial primaries within its political sub¬ 
division, which may include the pay¬ 
ment of dues. Within three days after 
the adoption of such rules and regular 
tions a certified copy of the same shall 
be prepared and filed by the secretary 
with the custodian of primary records 
for the political subdivision for which 
such committee is to serve. Such 
rules shall continue to be the rules and 
regulations for the committee until 
they are amended or new rules 
adopted. Such rules and regulations 
may be amended from time to time 
by majority vote of the committee 
upon the following notice: 

A copy of the proposed amendment 














Eagle Library—THE ELECTION LAW OF THE STATE OF NEW YORK 


fi 


shall be sent with the notice of the | 
meeting at which such amendments 
are to be proposed, such notice to be 
not less than five days before such 
meeting, and to be mailed at the post- 
office address of each member of the 
committee. Until the adoption of such 
rules and regulations, the rules and 
regulations of the existing committee, 
so far as consistent with this chapter, 
shall continue to be the rules and 
regulations of the party for that po¬ 
litical subdivision. [As amended by 
chap. 820, Laws of 1913.] 

Review of election of committees. 

Sec. 41. The election of members 
to any party committee may be re¬ 
viewed by summary proceedings before 
the supreme court or a justice there¬ 
of, as provided for in section fifty-six 
of this act, upon the petition of any 
person qualified to vote at the pri¬ 
mary election of the party which such 
committee represents. [As amended by 
chap. 4, Laws of 1912, and chap. 820, 
Laws of 1913.] 

Removal of member of committee. 

Sec. 42. A member of a party com¬ 
mittee may be removed by such com¬ 
mittee, for disloyalty to the party or 
corruption in office, after notice and a 
hearing upon written charges, to be 
heard by the committee or a sub¬ 
committee thereof appointed for that 
purpose, which shall report its find¬ 
ings to the full committee. The ac¬ 
tion of any committee in removing a 
member thereof as herein provided 
for may be reviewed in a summary 
proceeding before the supreme court 
or by a justice thereof, upon a petition 
of the person so removed. [As amend¬ 
ed by chap. 820, Laws of 1913.] 

Vacancies In state or comity com¬ 
mittees. 

Sec. 43. Where a vacancy occurs in 
any state or county committee, such 
vacancy shall be filled by the remain¬ 
ing members of said committee by the 
selection of an enrolled voter of the 
party qualified for election from the 
unit of representation as to which said 
vacancy shall have occurred. [As 
added by chap. 820, Laws of 1913.] 


i ARTICLE 4. 

PARTY JiOlIIN'ATIOyS AND DESIG¬ 
NATIONS. 

•Section. 45. Direct nomination of can¬ 
didates for public office, 
46. Designations; how made, 

48. Designations by petition, 

49. Piling of designations. 

50. Declination by person 

designated, 

51. Certification by secretary 

of state. 

52. Vacancies in designations, 

how filled. 

53. Delegates to national 

party conventions. 

64. Presidential electors. 

55. Existing state and county 

committees continued, 
55-a, Objections to designat¬ 
ing petitions. 

56, Contests; judicial review, 
58, Official primary ballot, 

Direct nomination of candidates for 
public office. 

geo, 45, Party nominations for all 
offices to be filled at a general election, 
except town, village and school district 
offices and electors of the president 
and vice-president of the United 
States, shall be made at the fall pri¬ 
mary next preceding such general elec¬ 


*Entire article amended by chap. 891, 
levG of 1911. 

^♦Schedule of section headings and title 
t&ended by chap. £20, Laws of 1913. 


tion by the enrolled voters of the party 
as in this chapter provided. Nomina¬ 
tions of party candidates for town, vil¬ 
lage and school district offices shall be 
made in the manner prescribed by the 
rules and regulations of the county 
committee of the county wherein such 
town, village or school district is lo¬ 
cated. Nominations of party candi¬ 
dates for city offices to be filled at an 
election held at a different time from 
the general election shall be made di¬ 
rectly at unofficial primaries by en¬ 
rolled party voters. 

Nothing contained in this chapter 
shall prevent a party from holding 
party conventions, to be constituted in 
such manner, and to have such powers 
in relation to formulating party plat¬ 
forms and policies and the transaction 
of business relating to party affairs, as 
the rules and regulations of the party 
may provide, not inconsistent with the 
provisions of this chapter. Delegates 
to any such convention and members 
of party committees, other than mem¬ 
bers of state and county com¬ 
mittees, shall not be chosen at 
official primaries or otherwise at pub¬ 
lic expense. [As added by chap. 891, 
Laws, of 1911, and amended by chap. 
820, Laws of 1913, and chap. 5, Laws 
of 1914.] 

Designations; how made. 

Sec. 46. Designations of candidates 
for party nominations or for election 
to party positions shall be by petition 
only, in the manner provided by this 
chapter. [As added by chap, 820, 
Laws of 1913.] 

Designations by petition. 

Sec. 48—Every petition for the des¬ 
ignation of a candidate for party nom¬ 
ination or for election to a party posi¬ 
tion shall be in substantially the follow 
form: 

I, the undersigned, do hereby certify 
that X am a duly enrolled voter of the 
party, as hereinbelew speci¬ 
fied, and entitled to vote at the next 
primary election of said party, and I 
do hereby designate the following 
named person, or persons, as a can¬ 
didate, or candidates, for nomination 

by the.party for public office 

or offices, or as a candidate or candi¬ 
dates for election to the position or 
positions of said party to he voted for 
at the official primary election to b© 
held on the day of 

A. D., as hereinafter speci¬ 

fied, and it is my intention to support 
at the ensuing primary the candidacy 
of the person or persons and each of 
them herein designated by me. 

Name of Publlo Office or Place of 

Candidate, Party Position, Residence, 

» » » * » f-i +-+ r-r i r t ♦ t ♦ t f m 

* r t-i » t r-« t-t-rt t rt t r ft t « rt * 

t t-t rf Af »-t * * r « ♦ rt * * t • t-e f i ♦ t-t ft tti 
t tt f t ft ft t f ftltvtfftf* ft ft t t ft ft t 

I do hereby appoint (here insert 
the names and addresses of at least 
three persons) as a committee to fill 
vacancies in accordance with the pro¬ 
visions of the election law. 

In witness whereof, I have hereunto 
set my hand the day and year placed 
opposite my signature, 

ReSb Election District, 
Date, Name of Signer, dence, Town or Ward, 

tret rtrrtttttt t t t r t * r*n r r T-* * t r t r-r 

rrr-t r?ff tUf »♦ tttttT tMtiMtfl ft 

rtrt r»6t » m t f t rt * * ♦ t ft ft ft rr ft ft 
ttrt rfrr-rtrttt ft ft ft *- 1 1 ft f rr ft ft 
f • • • •trr , rf»«r t t • t * ? ft*tttt?fttf 

State of New York, County of 
ss.. On this ....... day of 

in the year before me 

personally came (here shall be in¬ 
serted the names of each and every 
voter appearing and making oath be¬ 
fore the said officer) each of whom 
was to me personally known and 
known by me to be the voter whose 
name and place of residence is sub¬ 
scribed by him to the foregoing certifi¬ 


cate and each of the foregoing voters 
being by me duly and severally sworn 
did make oath that ho is a voter and 
has truly stated his residence, and 
that it is his intention to support at 
the polls the candidacy of the person 
or persons designated for nomination 
for public office in the foregoing cer¬ 
tificate of designation, if the same arff 
nominated. 

(Signature and official title.) 

A petition for the designation of 
candidates for party nomination or for 
election to party position may desig¬ 
nate candidates for nomination for 
one or more public offices, or for elec¬ 
tion to one or more party positions, 
or both. 

Petitions for the designation of can¬ 
didates for party nominations or for 
the election of candidates to party po¬ 
sitions or both shall be signed by en¬ 
rolled voters resident within the po¬ 
litical subdivision or unit of represen¬ 
tation for which the nomination or 
election is to be made to a number 
equivalent to not less than three per 
centum of the total number of en¬ 
rolled voters of the party residing 
within said political subdivision or 
unit of representation, as determined 
by the last preceding enrollment, pro¬ 
vided, however, that for the following 
officers the number of signatures need 
in no case exceed the following fixed 
limits; 

For the office of United States sen¬ 
ator or for any office to be filled by all 
the voters of the state, three thousand 
signatures; 

For the office of justice of the su¬ 
preme court, judge of the court^ of 
general sessions in the city of New 
York, and judge of the city court of 
the city of New York, fifteen hundred 
signatures; 

For any office to be filled by all the 
voters of a city containing more than 
a million inhabitants, fifteen hundred 
signatures; 

For any office to be filled by all the 
voters of any other city of the first 
class or of any county or borough con¬ 
taining more than two hundred and 
fifty thousand inhabitants, according 
to the last preceding federal or state 
enumeration, one thousand signatures; 

For any office to be filled by all the 
voters of any county or borough con¬ 
taining more than twenty-five thou¬ 
sand and not over two hundred and 
fifty thousand inhabitants according to 
the last preceding federal or state 
enumeration, or of any city of the 
second class, or of any congressional 
or senatorial district, five hundred sig¬ 
natures; 

For any office to be filled by all the 
voters of any other county or of any 
city of the third class or of any as¬ 
sembly district, two hundred and fifty 
Signatures. 

All papers signed and verified in 
the manner and form above prescribed 
for the purpose of designating the 
same candidate for nomination for the 
same public office or the same party 
position shall, when bound together 
and offered for filing as provided in 
this chapter, be deemed to constitute 
one petition with respect to said can¬ 
didate. 

No enrolled voter shall join in desig¬ 
nating a greater number of candidates 
for party nomination for a public office 
or for election to a party position than 
the number of persons to be elected 
thereto. Where an enrolled voter shall 
sign any petition or petitions desig¬ 
nating a greater number of candidates 
than he is permitted to designate as 
aforesaid his signatures, if they bear 
the same date, shall not be counted, 
and if they bear different dates they 
shall be counted in the order of their 
priority of date and only so far as he 
was entitled to make designations. 

[As amended by chap. 820, Laws of 
1913, and chap. 678, Laws of 1915.] 



















Eagle Library—THE ELECTION LAW OF THE STATE OF NEW YORK 


15 


Filing: of designations. 

Sec. 49. 1. Where to be filed. All 
designations of candidates for offices 
and for election to party positions shall 
be filed with the officer with whom 
independent certificates of nomination 
for such office or offices are required 
by this chapter to be filed. All desig¬ 
nations filed in accordance with the 
provisions of this section or certified 
copies thereof shall forthwith be con¬ 
spicuously posted by the secretary of 
state or custodian of primary records 
is his office, and shall remain so posted 
until primary day, and shall be open 
to inspection as public records at all 
reasonable hours; and each such offi¬ 
cer shall provide ample and sufficient 
facilities for keeping and posting said 
records and for making copies of the 
same. Forthwith upon the filing of a 
petition designating a person for nom¬ 
ination to public office, the board or 
officer with whom the same is filed 
shall mail notice thereof to each per¬ 
son named as a candidate for nomina¬ 
tion to such office in such petition. 

2. When to be filed. All designa¬ 
tions shall be filed not earlier than two 
days after the fifth Tuesday and not 
later than the third Tuesday preced¬ 
ing the primary at w'hich the candi¬ 
dates therein designated are to be 
voted for. All designations shall at 
the time of the filing thereof be 
stamped or indorsed by the secretary 
of state, or the custodian of primary 
records, as the case may be, w'ith the 
day, hour and minute of such filing. 
[As added by chap. 891, Law's of 1911, 
and amended by chap 820, Law's of 
1913, and chap. 244, Laws of 1914.] 

Declination by person designated. 

Sec. 50. The name of a person 
designated as a candidate for nomina¬ 
tion or for party position shall not be 
printed on the official ballot if he noti¬ 
fies the officer with whom the original 
certificate of his designation is filed 
in a writing signed and duly acknowl¬ 
edged by him that he declines the 
designation. Such declination, to be 
effective, must be filed within six days 
after the third Tuesday preceding the 
ensuing primary. The officer with 
whom such declination is filed shall 
forthwith inform by mail or other¬ 
wise the committee authorized to fill 
vacancies in designations, and if such 
declination be.filed with the secretary 
of state, such officer shall also give 
immediate notice by mail or otherwise 
of such declination to the several cus¬ 
todians of primary records for the 
election districts affected by such de¬ 
clination. The vacancy created, by 
such declination shall be filed not later 
than the second Tuesday preceding 
the primary election. 

If a candidate designated for nom¬ 
ination does not decline the designa¬ 
tion within the time hereinbefore men¬ 
tioned, and he is thereafter nominated 
at the official primary election, his 
name shall be printed on the official 
ballot as the candidate of the party 
or body holding the primary, and he 
shall not be permitted to decline such 
nomination. [As added by chap. 891, 
Laws of 1911, and amended by chap. 
820, Laws of 1913, and chap. 244, 
Laws of 1914.] 

Certification by secretary of state. 

Sec. 51. The secretary of state shall 
not later than the second Thursday be¬ 
fore an official primary election, ex¬ 
cept a primary election held to nom¬ 
inate candidates to be voted for at a 
special election, prepare and transmit 
to the several custodians of primary 
records within the political subdivi¬ 
sions where the candidates, designa¬ 
tions of whom have been duly filed 
with him are to be voted for, a cer¬ 
tificate setting forth the names and 
residences of such candidates and the 
titles of the offices for which they are 
named and the name of the party 
upon whose primary ballot their 


names are to be placed, and the order 
<n which such candidates’ names are to 
be printed under the title of an office 
or party position, and the order of 
groups of candidates for the same po¬ 
sitions, if any. [As added by chap. 
891, Laws of 1911, and amended by 
chap. 820, Laws of 1913, and chap. 
244, Laws of 1914.] 

Vacancies In designations, bow 

filled. 

Sec. 52. If a candidate regularly 
designated for election to party po¬ 
sition, or for a party nomination for 
public office, declines a designation or 
dies before the primary day, or is 
found to be disqualified to hold the 
office or position for which he has been 
designated, the committee to fill va¬ 
cancies, if any, which may be ap¬ 
pointed by the signers and shown upon 
the face of the petition of designation, 
may make a new designation, to fill 
the vacancy so created, by making and 
filing with the officer with whom the 
original designation was filed a certifi¬ 
cate setting forth the cause of the va¬ 
cancy, the name of the person desig¬ 
nated by them, the name of the orig¬ 
inal candidate, and the name of the 
party for whose primary the orginal 
designation was made. Such certifb 
cate shall be subscribed and acknowl¬ 
edged by a majority of the members 
of the committee to fill vacancies, who 
shall severally make oath that the 
matters therein stated are true, to the 
best of their knowledge and belief, 
and when so filed such certificate shall 
have the same force and effect as the 
original designating petition. In case 
such certificate shall be filed with the 
secretary of state, he shall forthwith 
certify to the proper custodian, or 
custodians, of primary records the 
name of the person designated by such 
certificate and such other facts as are 
required to be stated therein. In case 
the certificate from the secretary of 
state shall be received by a custodian 
of primary records, or an original cer¬ 
tificate of designation as in this sec¬ 
tion provided for shall be filed with 
him, after the official ballots have been 
printed and before primary day, it 
shall be his duty to prepare and fur¬ 
nish to the inspectors of election in 
each election district affected ad¬ 
hesive pasters containing the name of 
the candidate designated to fill the va¬ 
cancy with directions for the proper 
use thereof. The pasters shall be of 
plain white paper, printed in plain 
black ink and in the same kind of 
type used in printing the names of 
the candidates upon the official bal¬ 
lots, and shall be of a size as large as 
and no longer than the space occupied 
upon the official ballot by the name of 
the candidate in whose place the can¬ 
didate named upon the paster has been 
designated. Whenever such pasters 
are provided, the officer or board fur¬ 
nishing them shall certify, to the in¬ 
spectors of election in the election 
districts affected by the vacancy, the 
name of the person originally desig¬ 
nated, the name of the person desig¬ 
nated in the new certificate, the title 
of- the office or party position for 
which the designation is made, the 
name of the political party to which 
the committee making the designa¬ 
tion belongs, and shall state the num¬ 
ber of pasters furnished, which num¬ 
ber shall be equal to the number of 
official ballots furnished for each such 
district. Upon the delivery of said 
pasters the inspectors of election shall 
sign and receipt for the same, which 
receipt shall be retained by the officer 
or board furnishing the pasters, and 
shall be part of the record of his or 
their office. The inspectors shall affix 
one of such pasters in the proper place 
and in a proper manner upon each 
official ballot before such ballot shall 
be delivered to a voter. When so af¬ 
fixed to an official ballot the paster 
shall be a part of the official ballot. 


The Inspectors shall include in their 
statement of ballots a statement show¬ 
ing the number of pasters received by 
them, the number of pasters affixed 
to official ballots and the number of 
unused pasters returned by them, the 
unused pasters to be inclosed in the 
package of ballots not delivered to 
voters. The use of any paster upon 
the official ballot otherwise than as 
herein provided is hereby prohibited. 
[As amended by chap. 820, Law's of 
1913.] 

Delegates to national party conven¬ 
tions. 

Sec. 63. The rules and regulation 
of each political party may prescribe 
that the delegates and alternates to a 
national convention of that party shall 
be elected from congressional districts, 
or partly from the state at large and 
partly from congressional districts but 
such rules shall not provide for the 
election of more than four delegates 
and four alternates from the state at 
large. 

In each year when a president of the 
United States is to be elected, dele¬ 
gates and alternates-at-large, and dis¬ 
trict delegates and alternates, to na¬ 
tional party conventions shall be 
elected at the spring primary. Candi¬ 
dates for the position of delegates and 
alternates-at-large to said conventions 
shall be designated in the same man¬ 
ner as prescribed by this chapter for 
the designation of candidates for party 
nominations for offices to be filled by 
the voters of the entire state, and 
district delegates and alternates to said 
convention shall be designated in the 
same manner as prescribed by this 
chapter for the designation of candi¬ 
dates for party nominations for the 
office of representative in congress; 
save that the time for filing designa¬ 
tions as hereinbefore prescribed shall 
be computed with respect to the spring 
primary instead of the fall primary. 
[As amended by chap. 4, Laws of 1912, 
and chap. 820, Laws of 1913.] 

Presidential electors. 

Sec. 54. In each year when a president 
of the United States is to be elected, 
candidates for the office of elector for 
president and vice-president of the 
United States shall be nominated by the 
state committee of each of the parties 
to which this act applies, one for each 
congressional district, and two at large. 
The candidates so nominated shall be 
certified to the secretary of state in the 
same manner as party nominations for 
state offices. 

Existing- state and county commit¬ 
tees continued. 

Sec. 55. Party, state and county 
committees now existing shall continue 
until their successors are elected as 
provided for in this act. [As amended 
by chap. 4, Laws of 1912, and chaps. 
587 and 820, Laws of 1913.] 

Objections to designating petitions. 

Sec. 5 5-a. A written objection to 
any petition for the designation of a 
candidate for party nomination or for 
election to party position may be filed 
with the ooard or officer with whom 
the original petition is filed within 
three days after the filing of such pe¬ 
tition. If such objection be filed, no¬ 
tice thereof shall be given forthwith 
by mail to the committee, if any, ap¬ 
pointed on the face of such petition 
for the purpose specified in sections 
forty-eight and fifty-two of this chap¬ 
ter. and also to each candidate desig¬ 
nated by such petition. The questions 
raised by such written objection shall 
be heard and determined as pre¬ 
scribed in section one hundred and 
twenty-five of this chapter. The su¬ 
preme court, at special term, in any 
judicial district in which two or more 
proceedings are pending in such dis¬ 
trict under the provisions of this sec¬ 
tion may, by order, consolidate aU 












Eagle Library—THE ELECTION LAW OF THE STATE OF NEW YORK 


16 


such proceedings and provide that fur¬ 
ther proceedings therein be had before 
such court at special term, in all cases 
where the question or questions in¬ 
volved are identical. If one or more 
of such proceedings be pending be¬ 
fore a justice or county judge, notice 
of such order shall be forthwith given 
to such justice or judge. [As added by 
chap. 820, Laws of 1913, and amended 
by chap. 244, Laws of 1914.] 

Contests; judicial review. 

Sec. 56. Any action or neglect of 
the officers or members of a political 
convention or committee, or of any 
inspector of primary election, or of 
any public officer or board with regard 
to the right of any person to partici¬ 
pate in a primary election, conven¬ 
tion or committee, or to enroll with 
any party, or with regard to any right 
given to or duty prescribed for, any 
voter, political committee, political 
convention, officer or board, by this 
article, shall be reviewable by sum¬ 
mary proceedings upon the petition of 
any person aggrieved thereby, or upon 
a petition presented by the chairman 
of any political committee, which sum¬ 
mary proceedings may be instituted 
before the supreme court or a justice 
thereof within the judicial district 
where the transaction, act or neglect 
of duty took place. Such proceedings 
shall be heard upon such notice as the 
court or justice thereof shall direct. 
In reviewing such action or neglect, 
the court, justice or judge shall con¬ 
sider, but need not be controlled by, 
any action or determination of the 
regularly constituted party authorities 
upon the questions arising in reference 
thereto, and shall make such decision 
and order as, under all the facts and 
circumstances of the case, justice may 
require. For the purposes of this 
section, service of any notice or order 
or other process of the court or jus¬ 
tice thereof upon the chairman or sec¬ 
retary of a committee or board whose 
action is sought to be reviewed or di¬ 
rected shall be sufficient. The action 
of any custodian of primary records in 
canvassing and certifying the result of 
any primary election, or of the secre¬ 
tary of state in preparing and certify¬ 
ing the list of members of a state 
committee, may be reviewed in like 
manner by the supreme court, or a 
justice thereof, -which by order may 
make any change in the result of such 
primary election as certified to by the 
custodian of primary records, or any 
change or alteration in the list of 
members of a state committee pre¬ 
pared by the secretary of state, as jus¬ 
tice may require. The change or al¬ 
teration so made, if the result is as to 
the nomination of a candidate for an 
elective office, the name of the person 
so adjudged to have been duly nom¬ 
inated in accordance with the pro¬ 
visions of this chapter at such primary 
for such elective office shall be placed 
upon the official ballot as the candi¬ 
date for the party holding such pri¬ 
mary. Proceedings taken under this 
article shall have precedence and pri¬ 
ority over all other actions and pro¬ 
ceedings in the supreme court or be¬ 
fore a justice thereof. The court, or a 
justice thereof, upon such proceeding, 
shall have the right to subpoena and 
examine witnesses, or in its discretion 
to hear and determine the case upon 
affidavits. In case the court or a jus¬ 
tice thereof should find and determine 
that both parties to the controversy 
had been guilty of frauds or that the 
primary has been so permeated by 
fraud as to render it impossible for 
him to determine the true result of 
such primary and who was elected 
thereat, such court or justice shall 
have the right to direct the holding of 
a new primary at the same place and 
in the same manner as the regular 
official primary. The court, or justice 
thereof, in case of ordering a new 
primary, may include in such order 
directions for the canvassing of the 


vote of such new primary. [As amend¬ 
ed by chap. 820, Laws of 1913.] 

Official primary ballot. 

Sec. 58. There shall be prepared, 
printed and supplied in the manner 
hereinafter provided, for use at 
official primary elections, official 
primary ballots, and except as 
otherwise expressly provided in this 
chapter, no other ballot shall be used 
at an official primary election. 

No names of candidates for any 
nomination to public office or election 
to a party position shall be. printed 
upon the official primary ballot, ex¬ 
cept upon designation duly made as 
prescribed in this chapter; nor shall 
any names, words, or signs, or writ¬ 
ing whatever be printed, written, 
stamped or in any manner placed 
upon an official primary ballot except 
as herein provided. 

The official primary ballots shall 
conform in quality, weight, and style 
of printing, to the ballots prescribed 
in this chapter for use at the general 
election, excepting that the title of the 
party position or office shall be printed 
in a space of three-eighths of an inch in 
depth, and the name of the candidate 
therefor shall be printed in a space 
one-fourth of an inch in depth, in¬ 
stead of one-half inch. The ballots of 
no two parties shall be of the same 
color. The secretary of state shall 
designate the color of ballots for each 
party. The ballot shall be printed 
upon the same leaf with the stub and 
separated therefrom by a perforated 
line. The part above the perforated 
line, designated as the stub, shall ex¬ 
tend the entire width of the ballot, 
and shall be of sufficient depth to al¬ 
low the following instructions to voters 
to be printed on the face thereof in 
type known as brevier, with the word 
“Instructions” in larger type above: 

“This ballot must be marked with a 
pencil having black lead. To vote 
for any candidate whose name is 
printed on this ballot make a cross X 
mark in the voting space at the left of 
the name. To vote for any person 
whose name is not printed on this 
ballot write the name of such person 
in the blank space provided for that 
purpose under the title of the public 
office or party position to w'hich you 
wish him nominated or elected. Any 
other mark than the cross X mark 
used for the purpose of voting, or any 
erasure made on this ballot, makes it 
void, and it cannot be counted as a 
vote for any candidate. If you tear 
or deface or wrongly mark this ballot, 
return it and obtain another, but only 
one additional ballot may be thus ob¬ 
tained.” 

Upon the face of the ballot and di¬ 
rectly below the perforated line shall 
be printed the following: “Official bal¬ 
lot for the primary election of the 
(name of party) party,” the name of 
the county and town or city; the date 
on which such primary is held; the 
party emblem; the assembly district 
number, number of the ward (in any 
city divided into wards), and the elec 
tlon district number, directly below 
! which shall be printed a heavy black 
horizontal lino. 

The face of the ballot below the 
perforated line shall be divided into 
two parts by a heavy black vertical 
line one-fourth of an inch in width. 
Immediately below the perforated line 
in the center of the space at the left 
of said vertical line shall be printed 
the caption “Candidates for nomina¬ 
tion for public office.” Under said cap¬ 
tion the names of candidates for nom¬ 
ination for public office shall be 
printed under the titles of the re¬ 
spective offices for which they are 
candidates respectively, in capital let¬ 
ters in black-faced type not less than 
one-eighth nor more than three-six¬ 
teenths of an inch in height, so that 
the names of all candidates for nomi¬ 
nation for an office shall be printed 
under the title of said office, and so 


that the said offices shall appear In 
the same consecutive order in which 
they appear upon the official ballot 
for the general election. Immediately 
below the title of each public office 
shall be printed in brevier lower case 
type a direction to the voters as to the 
number of persons to be voted for, in 

the following words: “Vote for. 

.” (the blank space being filled 

with the number of persons to be 
nominated for said office at the official 
primary election). Immediately below 
this division and separated therefrom 
by a horizontal line shall be printed 
the name or names of candidates duly 
designated for such office. The order 
in which the names of candidates shall 
appear under the title of an office 
shall be determined by the board or 
officer with whom designations are 
filed by lot in the presence of the 
candidates or their representatives, if 
present, and other persons required 
to be notified. At least two days’ no¬ 
tice by mail shall be given to all can¬ 
didates whose names appear on desig¬ 
nating petitions and to the members of 
the committees, if any, appointed by 
such petitions, of the time and place 
of such determination, except that 
when any such designation petition is 
filed with the board of elections of the 
city of New York such notice shall be 
given only to the members of the 
committee, if any, appointed by such 
petition. 

If a vacancy be filled after the po¬ 
sition of such names has been deter¬ 
mined, the name of the newly desig¬ 
nated candidate shall be printed in 
the order determined for the candidate 
whose designation was made vacant. 

Immediately below the names of 
all the candidates in the case of each 
public office there shall be left a 
blank space or blank spaces equal in 
number to the number of candidates 
to be nominated for said office. The 
voter at the official primary election 
may write in such blank space or 
spaces the name of any person or per¬ 
sons for whom he desires to vote 
whose name or names are not printed 
upon the ballot. Voting spaces shall 
be provided at the left of each column 
opposite the names of candidates in 
the same manner as provided for on 
the official ballot for the general elec¬ 
tion. 

Immediately below the said perfor¬ 
ated line and in the space at the right 
of said vertical line shall be printed 
the caption “Candidates for party po¬ 
sitions.” Under said caption the names 
of candidates for election to party po¬ 
sitions shall be printed under the titles 
of the respective party positions for 
which they are candidates respectively, 
so that the names of all candidates for 
a party position shall be printed under 
the title of said position, and so that 
the said party positions shall appear in 
the following order: member of state 
committee; member (or members) of 
county committee. 

At the spring primary, in a presi¬ 
dential year, such heavy vertical di¬ 
viding line shall be omitted, and under 
the caption “Candidates for party po¬ 
sitions” the titles of such positions 
shall be printed in the following or¬ 
der: delegates and alternates at large 
to a national convention; district dele¬ 
gates and alternates to a national con¬ 
vention; member of state committee; 
member (or members) of county com¬ 
mittee. 

Immediately below the title of each 
of said party positions shall be printed 
in brevier lower case type a direction 
to voters as to the number of per¬ 
sons to be voted for, in the following 

words: “Vote for.” (the blank 

space being filled with the number 
of persons to be elected to said party 
positions at the official primary elec¬ 
tion). Immediately below this direc¬ 
tion and separated therefrom by a 
hoiizontal line shall be printed the 
name or names of candidates duly 
designated for such party positions in 













} 

k 


Eagle Library—THE ELECTION LAW OF THE STATE OF NEW YORK 


17 




Facsimile of Front of Official Primary Ballot 


INSTRUCTIONS 


Mt 2 T BE MARKED WTTH A PENCIL HA VINO BLACK LEAD. 

to ^ ™ ra J! T AU/>T A CR0M X UAAK w Tm T0Tmo SPACE AT Tim inrr or rra kams. 

rr^aBC^ERTHETITLEOr TTOp™ WWTB TIIE HAMS 0F 60CH PERS ™ ™ THE BLANK BE ACE PROVIDED TOR THAT 

ANY OTHER MARK THAW TWrnnJ?° PARTY PO3ITI0K TO WHICH YOU WISH HIM NOMINATED OR ELECTED. 

BE USX amT PDRPOsa 0p V0TIN0 ' °“ ^ ERA3URE “ ADE 0N THI3 BAI - L0T ' MAn3 n ™ro. and rr cannot 

IF YOU TEAR OB DEFACE OR WRONQLY MARK THIS BALLOT. RETURN IT AND OBTAIN ANOTHER, BDT ONLY ONE ADDITIONAL BALLOT MAT BE THUS OBTAINED. 


Official Ballot for the Primary Election of the CT Party 

New York County May 5. 1914 


(PARTY 

EMBLEM) 


43rd Assembly District 99th Election District 


CANDIDATES FOR NOMINATION FOR PUBLIC OFFICE 



m — 

GOVERNOR 
(vote for one) 

MEMBER OF ASSEMBLY 

R (vote for ooe) I 


I John Doe 


80 John Doe 


• John Doe 

j 

31 John Doe 


S John Doe 

l 

88 John Doe 

- ■ 


I. 



LIEUTENANT-GOVERNOR 

(vote for one) 

S COUNTY JUDGE g 

M (vote for two) * H 


4 John Doe 

| 

83 John Doo ; 

_ 

8 John Do« 

| _ 

24 John Doo 


8 John Doe 





| SHERIFF 

RBCRPTiRV flTATB 

-j — , 

(vote lor one) g 


(vote for one) 


35 John Doe 

_ 

T John Doe 

1_ 

36 John Doe 

MM* 

8 John Doe 

|_j 

97 John Doe D 

mmmm 

8 John Doe 

I 



e» 

COUNTY CLERK 

(vote for ono) 

rnMpmni ren 


(vote for ooe) jj 


38 John Doe 

_ 

16 John Doe 

_ 

89 John Doe 




* 


STATE TREASURER 
(vote for one) 


COUNTY TREASURER 

(vote for one) 


11 John Doe 


40 John Doe 


IB John Doe 


41 John Doo m 


18 John Doe 

~ 

l 


I 

CORONER 

ATTnnWTVJ'.ITMPI) A f L? 


ivoie lor ivro; Kt 


(vote for ono) (£ 


42 John Doo Bll 


14 John Doe gj 


43 John Doo al 


18 John Doo 


44 John Doo 


18 John Doe 


1 


I 


m 


CANDIDATES FOR PARTY POSITIONS 


MEMBER OF STATE COMMITTEE 

(vote for ooe) 


48 John Doo 

46 John Doo 

47 John Doo 


MEMBER OF COUNTY COMMITTEE 
(roto for one) 


48 John Doo 
48 John Doo 

80 John Doo 

81 John Doo 


iln 


MEMBERS OF COUNTY COMMITTEE 

(roto for throe) 



68 < 

John Doo 


John Doo 


John Doe 



83. 

John Doo 


John Doo 


John Doo 


STATE ENGINEER AND SURVEYOR 
(vote for one) 


17 John Doo 


IS John Doo 


ASSOCIATE JUDGE OF THE COURT OF APPEALS 

(vote for on#) 


IS John Doe 


*0 John Doe 


SI John Doo 


88 John Doe 


STATE SENATOR 

(vote for one ) 


88 John Doo 


84 John Doo 


REPRESENTATIVE IN CONGRESS 

(vole for one) 


88 John Dee 


86 John Doe 


87 John Doe 


88 John Doe 


8t John Doe 


* So to original. 














































































































































































18 




Eagle Library-THE ELECTION LAW OF THE STATE OF NEW YORK 


Facsimile of Back of Official Primary Ballot 


NO. 84 

(NAME OF PAKTT) 


(NAME OF PARTY) BALLOT 

. (PARTY EMBLEM) 


OFFICIAL PRIMARY BALLOT FOR 
FIFTEENTH ELECTION DIS¬ 
TRICT, FORTY-THIRD ASSEM- 
BLY DISTRICT, COUNTY OF 
NEW YORK, SEPTEMBER 17, 
1914. , 

• JOHN DOB, 

President Board of Elections. 


1 











Eagle Library—THE ELECTION LAW OF THE STATE OR NEW Y0Rf5 .. 19 ^ 


such order as the board or officer with 
whom designations are filed may by 
lot determine, upon the notice and in 
the manner provided for determining 
the oi'der in which candidates for 
nomination to public office shall be 
printed. Immediately below the 
names of all the candidates in the 
case of each party position there shall 
be lelt a blank space or blank spaces 
equal in number to the number of 
candidates to be nominated for said 
positions and the voter at the official 
primary election may write in such 
blank space or spaces the name or 
names of any person or persons for 
whom he desires to vote whose name 
or names are not printed upon the bal¬ 
lot. Voting spaces shall be provided 
at the left of each column opposite 
the names of the candidates in the 
same manner as provided for on the 
official ballot for the general election. 

Where two or more candidates are 
to be elected to a party position, the 
names of candidates designated by 
each petition shall be grouped, and the 
order in which the groups shall be 
placed, together with the order of the 
names within each group, shall be*de- 
termined by lot, in the manner pro¬ 
vided in this section, for determining 
the order in which the names of can¬ 
didates shall be printed under the title 
of an office or party position. 

The officer or board charged with 
the duty of printing, preparing and 
distributing ballots shall determine in 
how many vertical columns the ballots 
shall be printed; provided, however, 
that the names of all persons desig¬ 
nated for nomination to the same office 
or for election to the same party po¬ 
sition shall appear in the. same 
column. 

To the left of the voting spaces, 
other than the voting spaces adjoin¬ 
ing the heavy black vertical line di¬ 
viding the names of candidates for 
public office from candidates for party 
positions, there shall also be a heavy 
vertical black line one-half the width 
of such dividing line, or one-eighth of 
an inch in width. 

The names of candidates for nomi¬ 
nation for public office and the names 
of candidates for party positions shall 
be numbered consecutively with arabic 
numerals printed in heavy faced type 
at the. left of the name of each 
candidate and at the right of the voting 
space aforesaid, from one upward be¬ 
ginning with the name of the first 
candidate for nomination for public 
office whose name is printed first upon 
the ballot in the column at the left 
and continuing consecutively through 
the names of said candidates for nomi¬ 
nation for public office and then con¬ 
secutively through the names of the 
candidates for party positions; except 
that where there are two or more can- 
candidates for a party position grouped 
as hereinbefore provided, each group 
shall have but one number, which 
shall be printed opposite the approxi¬ 
mate center of the group, and there 
shall be between each group, includ¬ 
ing the group of spaces for names not 
printed, a blank space five-sixteenths 
of an inch in depth. 

Where the name of a candidate for 
nomination for the same public office 
or for election to the same party po¬ 
sition is designated by two or more 
petitions, it shall be placed upon a 
ballot only once; if a candidate for a 
party position to be filled by two or 
more persons be designated in more 
than one petition, his name shall be 
printed only in the group of candidates 
designated by the petition first filed; 
provided that nothing herein con¬ 
tained shall prevent the printing of 
the name of a candidate upon the 
same official ballot as a candidate for 
nomination for public office and at 
the same time as a candidate for one 
or more distinct party positions. 

On the back of the ballot below- the 
stub and immediately at the left 


of the center of the ballot shall be 
printed the name and emblem of the 
party, and in great primer roman con¬ 
densed captials “Official primary bal¬ 
lot for,’’ and after the word “for” shall 
follow the designation of the election 
district for whioh the ballot is pre¬ 
pared, the date of the primary elec¬ 
tion, and a facsimile of the signature 
of the officer who has caused the bal¬ 
lot to be printed, Immediately above 
the center of such indorsement and 
upon the back of the stub, shall be 
printed the consecutive number of the 
ballot beginning, on the ballots of each 
party, with “number one,” and in¬ 
creasing in regular numerical order, 
and on the back of the stub below the 
number, the name of the party, All 
official primary ballots shall, so far as 
it conforms to the above description, 
be substantially in the following form: 
[As added by chap, 891, Laws of 1911, 
and amended by chaps, 800 and 820, 
Laws of 1913, and exclusive of the 
ballot form by chap. 244, Laws of 
1914.] 


1 ARTICLE 4-A, 

CONDUCT OF OFFICIAL, PRIMARY 
ELECTIONS; CANVASS OF 
RETURNS, 

! Section 70. Organization and conduct 
. of official primaries. 

71. Qualifications of voters at 

official primaries. 

72. Challenges at official pri¬ 

mary elections. 

73. Expense of official pri¬ 

maries. 

74. Primary districts, officers 

and polling places. 

75. Notice of official pri¬ 

maries. 

76. Restrictions as to place 

of primaries. 

77. Removals from, and fill¬ 

ing vacancies in, boards 
of primary election of¬ 
ficers. 

78. Primary poll clerks. 

79. Ballots, booths, books, 

blanks and supplies. 

80. Delivery of ballots and 

manner of voting. 

81. Unofficial ballots. 

82. Preparation of ballot by 

voters. 

83. Persons within the guard¬ 

rail. 

84. Watchers; challengers, 

electioneering. 

85. Canvass of votes. 

86. Intent of voters. 

87. Proclamation and state¬ 

ment of result. 

88. Preservation of ballots. 

89. Canvass of statements of 

results; certificates of 
election to party posi¬ 
tion. 

• 90. Filling vacancies and de¬ 

termination of tie vote 
after primaries. 

91. Primaries held to nomin¬ 

ate candidates for spe¬ 
cial elections. 

92. Unofficial primaries. 

93. Penalty for violation. 

94. Perjury. 

Organization and conduct of official 
primaries. 

Sec. 70. 1. Election officials for each 
election district within a primary dis¬ 
trict shall comprise the election of¬ 
ficers for such primary district. 

2. All said officers shall take and 
subscribe the constitutional oath of 
office, before entering on the discharge 
of their duties. 

3. Such primary shall be held open 
from three o’clock in the afternoon 

iXsw article added by chap. S91, Laws of 1913. 
“Schedule of section headings and title 
amended by chap. 830, Laws of 1913. 


until nine o’clock ia the evening, for 
voting thereat. 

4. The primary eleotion officers shall 
perform the same duties that they are 
required to perform in a general elec¬ 
tion, and such additional duties as are 
in this ohapter prescribed and shall 
receive the same pay as for services on 
the last day of registration; except that 
in any city of over one million inhabi¬ 
tants, they shall respectively receive 
seven dollars and fifty cents for their 
services at each official primary. 

5. In each year an official primary 
election shall be held on the fifth Tues¬ 
day before the general election; in 
each year in which a president of the 
United States is to be elected, an ad¬ 
ditional official primary election shall 
be held on the first Tuesday in April. 

6. Subject only to such differences 
as are herein provided or as may be 
necessary, the primary in a city of 
over one million inhabitants shall be 
conducted in the same manner as the 
general election. In any such city, a 
chairman of the board of primary in¬ 
spectors shall be selected in the same 
manner as a chairman of a board of 
inspectors at a general election. 

[As amended by chap. 820, Laws of 
1913, and chap. 678, Laws of 1915.] 

Qualifications of voters at official 

primaries. 

Sec. 71. No person shall be entitled to 
vote at any official primary unless he 
is duly enrolled and may be qualified to 
vote on the day of election. The pri¬ 
mary election inspectors shall decide all 
questions that arise relating to the quali¬ 
fications of voters. 

Challenges at official primary elec¬ 
tions. 

Sec. 72. The right of an enrolled voter 
to participate in any official primary 
election shall be subject to challenge at 
any time before his ballot is deposited in 
the ballot box. When any enrolled voter 
shall be challenged, the chairman, or 
one of the members, of said board, shall 
forthwith put to him an oath or affirma¬ 
tion to answer truly such questions as 
shall be put to him, and he shall be al¬ 
lowed to vote if, and only if, he shall 
make such oath or affirmation, and shall 
answer in the affirmative each of the 

following questions; “Are you. 

(using the name which he has given as 
his name)? 

“Do you reside, and have you, for thirty 

days last past, resided at . 

(giving the address which he has given 
as his residence)?” 

Expense of official primaries. 

Sec. 73. The expense of official primary 
elections, including the expense of prepar¬ 
ing and copying new enrollment books and 
the compensation herein provided to be 
paid to primary election officers, shall.be 
paid by the same officers or boards and in 
the same manner, as the expenses of 
general elections. If provision shall not 
have been made for the payment of such 
expense in any year, then the officers who 
are empowered by law to make such pro¬ 
vision in any county, city/town or other 
political subdivision of the state, are 
hereby authorized and directed tp raise 
money to such an amount as may t»e nec¬ 
essary, in any manner provided by law 
for meeting expenses in anticipation of 
the collection of taxes and to pay such 
expense therefrom. The amount so raised 
shall he included in the amount to be 
raised by tax in the ensuing year. 

Primary districts, officers and poll¬ 
ing places. 

Sec. 74. The custodian of primary 
records shall thirty days before each 
official primary day, divide every ward 
in a city, except a city of over one 
million inhabitants, and divide every 
village having five thousand inhabi¬ 
tants or more, into primary districts, 
each of which shall consist of two con- 
tisuouA districts- eye*?!, thg* {f 

















20 


' ' - \ 

Eagle Library-THE ELECTION LAW OF THE STATE OF NEW YORK 


case there is an odd number of election 
districts in such ward or village, the 
highest numbered election district 
shall be a primary district by itself. 
There shall be two polling places in 
each of such primary districts which 
shall be designated and provided at 
public expense by the officers or boards 
whose duty it is to provide polling 
places for days of general election, 
and which shall be, so far as they are 
available, the same places as were used 
for the last preceding general election. 
The custodian of primary records shall 
assign one of the polling places in each 
such primary district to the party 
which, at the last election of governor, 
cast the highest number of votes for 
governor, and at the other polling 
place in such primary district there 
shall bo held the primary elections of 
all other parties. In all other villages 
and towns, and in each city having 
over one million inhabitants, each 
election district shall constitute a pri¬ 
mary district. In a city, town or vil¬ 
lage in which each election district 
constitutes a primary district there 
shall be for each primary district pri¬ 
mary election officers, who shall con¬ 
sist of the election inspectors, poll 
clerks and ballot clerks for the elec¬ 
tion district comprising such primary 
district and such inspectors shall be 
the board of primary inspectors. In 
election districts in which voting ma¬ 
chines are used at the general election 
the ballot clerks to serve at the pri¬ 
mary election shall be appointed by 
the board of election inspectors for 
the purposes of such primary election 
only. In a city or village having more 
than five thousand inhabitants, except 
a city having over one million inhabi¬ 
tants, there shall be for each primary 
district two groups of primary election 
officers, one of which shall consist of 
the election inspectors, poll clerks and 
ballot clerks for the election district 
or districts comprised within such pri¬ 
mary district who shall at the time 
represent the party which at the last 
preceding election of a governor shall 
have cast the largest number of votes 
for governor, and the other of which 
shall consist of the election inspectors, 
poll clerks and ballot clerks who shall 
represent the party which, at such 
election, shall have cast the second 
largest number of votes for governor. 
The first mentioned officers shall 
conduct the primary election of the 
party represented by them and the 
second mentioned officers shall con¬ 
duct the primary elections of all other 
parties at the time entitled to hold pi'i- 
mary elections. The election inspec¬ 
tors belonging to each such group of 
primary officers shall be the board of 
primary inspectors. In a primary dis¬ 
trict having two boards of primary 
election inspectors each board shall 
elect an inspector chairman of the 
board before the opening of the polls 
at a primary election. In a primary 
district having one board of primary 
election inspectors the chairman of 
the board of election inspectors for the 
election district, shall, if present, be 
the chairman of such board of primary 
officers, except as otherwise provided 
by law. 

In a city, town or village in which 
each election district constitutes a pi'i- 
mary district the polling place in each 
such primary district shall be desig¬ 
nated and provided at publio expense 
by the officers or boards whose duty 
it is to provide the polling places for 
the general election, and, where prac¬ 
ticable, it shall also be the same place 
that was used at the last preceding 
general election, unless, in a city hav¬ 
ing over one million inhabitants, the 
primary polls be placed in a school or 
other public building in the district as 
provided in section two hundred and 
ninety-nine. 

[As amended by chap. 820, Laws of 
1913, and chap. 678, Laws of 1915.] 


Notice of official primaries. 

Sec. 75. At least thirty-five days be¬ 
fore each official primary day the 
chairman of the general committee of 
each party subject to the provisions of 
this article, shall certify and deliver 
to the custodian of primary records a 
statement of the committees and of¬ 
fices for which members or candidates 
as the case may be, are to be elected 
or nominated thereat, and the num¬ 
ber of members of committees, to be 
elected in each unit of representation. 
If delegates and alternates to a na¬ 
tional paVy convention are to be 
chosen at the primary, such statement 
shall certify the number to be elected 
in each unit of representation. The 
custodian of primary records shall pre¬ 
pare a notice of each official primary 
election provided for by this article, 
and shall publish such notice, not more 
than thirty-five days and not less 
than thirty days prior to such primary 
election, in at least one newspaper 
having a general circulation in the 
city or village, of the political faith 
of each of the two parties which, at 
the last preceding election of a gov¬ 
ernor, cast the highest and next high¬ 
est number of votes for governor. Such 
notice shall specify the day of such 
primary election, the hours during 
which it will be held, the location of 
each such polling place, the election 
districts whose voters may vote at each 
such polling place, the name of the 
party or parties whose primary elec¬ 
tions will be held thereat, and the na¬ 
tional party conventions, party com¬ 
mittees or public offices for which 
delegates, members or candidates, as 
the case may be, will be chosen there¬ 
at. [As amended by chap. 820, Laws 
of 1913.] 

Restrictions as to place of primaries. 

Sec. 76. No primary election shall be 
held in a saloon or drinking place, or in 
a room which is more than one flight of 
stairs from the street or not readily ac¬ 
cessible from the street. 

Removal* from, and filling- vacancies 

in, board* of primary- election offi¬ 
cer*. 

Sec. 77. Removals from boards of pri¬ 
mary election officers shall be made, and 
vacancies occurring in such boards shall 
be filled, in the same manner as is pro¬ 
vided in this chapter for making removals 
from boards of election officers and for 
filling vacancies therein on a day of reg¬ 
istration. 

Primary poll-clerks and poll-books, 

in primary district* outside of cities 

of over one million inhabitants 

Seo. 78. The provisions of this sec¬ 
tion shall apply only to primary dis¬ 
tricts outside of a city having over one 
million inhabitants. Each primary 
poll-clerk at each polling place at an 
official primary election shall have a 
poll-book for each party in each elec¬ 
tion district within the primary dis¬ 
trict for keeping the list of enrolled 
voters voting, or offering to vote there¬ 
at at the primary election. Each 
such book shall have columns headed 
respectively “number of enrolled 
voter,” “name of enrolled voter,” “resi¬ 
dence of enrolled voter,” “number on 
ballots delivered to enrolled voter,” 
“number on ballot voted” and “re¬ 
marks.” 

Upon each delivery of an official pri¬ 
mary ballot by the primary ballot 
clerk to an enrolled voter, the pri¬ 
mary poll-clerk shall enter upon the 
poll-book of the election district in 
which the enrolled voter resides, in the 
appropriate column, the number of the 
enrolled voter, in the successive order 
of the delivery of the ballots thereto, 
the name of the enrolled voter in the 
alphabetical order of the first letter of 
his surname, his residence by street 
and number, or if he have no sti'eet 


number, a brief description of the lo¬ 
cality thereof, the printed number 
upon the stub of the ballots delivered 
to such enrolled voter, and the number 
of the ballot voted by him. If the bal¬ 
lot delivered to any enrolled voter shall 
be returned by him to the primary 
ballot clerk, and he shall obtain a new 
ballot, the primary poll-clerk shall 
write opposite his name on the poll- 
book in the proper column, the printed 
number of the stub of such ballot. 
Each primary poll-clerk shall make a 
memorandum upon his poll-book op¬ 
posite the name of each person who 
shall have been challenged and taken 
either of the oaths prescribed upon 
such challenge, or who shall have re¬ 
ceived assistance in preparing his bal¬ 
lot and shall also enter upon the poll- 
book opposite the name of such person 
the names of the primary officers or 
persons who render such assistance, 
and the cause or reason assigned for 
such assistance by the elector assisted. 

As each enrolled voter offers the bal¬ 
lot which he intends to vote to the 
primary inspector, each primary poll- 
clerk shall report to the primary of¬ 
ficers whether the number entered on 
the poll-book kept by him as the num¬ 
ber on the ballot last delivered to such 
enrolled voter is the same as the num¬ 
ber on the stub of the ballot so offered. 
As each enrolled voter votes, each pri¬ 
mary poll-clerk shall enter in the prop¬ 
er column on his poll-book the num¬ 
ber on the stub of the ballot voted. 
Upon the close of the polls of the pri¬ 
mary election, the primary poll-clerks 
and all primary officers shall compare 
the poll-books with the enrollment 
books or registers and correct any 
mistakes found therein. [As amended 
by chap. 678, Laws of 1915.] 

Primary Poll Clerks and Poll-book* 

In Cities of Over 1,000,000 Inhabi¬ 
tants. 

Sec. 7 8-a. 1. The provisions of this 

section shall apply only to primary 
districts within a city having over one 
million inhabitants. 

2. In every such city each primary 
poll-clerk at each polling place at an 
official primary election shall have a 
poll-book for keeping the list of en¬ 
rolled voters voting or offering to vote 
thereat at the primary election. In each 
primary district of such city the poll- 
book shall be arranged in columns as 
provided in this section, and the leaves 
of such poll-book shall be indexed 
from A to Z. Columns one to seven in¬ 
clusive shall be arranged upon the left 
hand pages of said book, and the re¬ 
maining columns upon the right hand 
pages. The first column of the poll- 
book shall be entitled “number of 
voter voting at the primary,” and in 
such column, as the name of each en¬ 
rolled voter voting at such primary is 
recorded, shall be entered a number* 
opposite the name, beginning with, 
“one” opposite the name of the first 
voter voting at the primary of any 
party in such election district and con-, 
tinuing in numerical order to and in¬ 
cluding the last voter voting at such, 
polling place. The second and third, 
columns shall together be entitled, 
“name of enrolled voter,” with the re¬ 
spective sub-titles “surname” and 
“given name or names.” As the en¬ 
rolled voters in the respective parties 
present themselves to vote at such pri¬ 
mary the surnames of such voters 
shall be entered in such second col¬ 
umn in the alphabetical order of the 
first letter of such names on the pages 
bearing the index letters of such sur¬ 
names. In the third column shall be 
entered the Christian or given name 
or names of such voters respectively. 
The fourth column shall be entitled 
“residence of enrolled voter,” and in. 
such column shall be entered the resi¬ 
dence of each such voter. The fifth 
column shall be entitled “party of en¬ 
rolled voter,” and in such column shall 












Eagle Library—THE ELECTION LAW OF THE STATE OF NEW YORK 


21 7 


1 

be entered the name of the party in 
which each such voter is enrolled and 
in whose primary he is participating. 
The sixth column shall be entitled 
“signature of enrolled voter (or num¬ 
ber of identification statement),” and 
above each horizontal line in said col¬ 
umn shall be printed the words “The 
foregoing entries are true and correct,” 
and in such column, below such words 
printed above the line on which his 
name is entered, each voter partici¬ 
pating in the primary shall sign his 
name by his own hand and without 
assistance, using an indelible pencil or 
ink, or in default of such signature 
(in case only of inability to sign as 
hereinafter provided) shall be entered 
the number of such voter’s identifica¬ 
tion statement. The seventh column 
shall be entitled “signature compared 
by inspector,” and before the voter 
shall receive a primary ballot, one of 
the inspectors, other than the inspec¬ 
tor who receives the primary ballots 
from the enrolled voters, shall com¬ 
pare the voter’s signature then and 
there made in such poll-book with the 
same voter’s signature theretofore 
made in the registration book on regis¬ 
tration day, and such inspector shall 
then and there sign his initials in said 
seventh column in evidence thereof. 
The eighth, ninth and tenth columns 
shall be grouped together under the 
title “number of primary ballot deliv¬ 
ered to enrolled voter” with the re¬ 
spective sub-titles “first ballot,” “sec¬ 
ond ballot,” “third ballot,” and in 
such column or columns, beginning 
with the eighth, shall be entered the 
number on the ballot (or successive 
ballots) delivered to such voters re¬ 
spectively. Then shall follow as many 
columns as there are parties holding a 
primary in such election district, 
grouped together under the title “num¬ 
ber on primary ballot voted,” and at 
the top of each column shall be printed 
the name of one of such parties, the 
party names to be arranged in the order 
of the size of their respective vote for 
governor at the last preceding general 
election, the party casting the highest 
number of votes for governor to come 
first, and so on; and the number upon 
the ballot voted by each such enrolled 
voter shall be entered in the column 
bearing the name of the party whose 
ballot he casts. The last column in 
such poll-book shall be entitled “re¬ 
marks regarding challenges, oaths, and 
other facts required to be recorded,” 
and in such column shall be entered, 
opposite the name of each voter, such 
record of challenges, oaths, and other 
facts relating to him as this law re¬ 
quires to be entered in the poll-book 
and are not otherwise provided for. 

3. The procedure with respect to re¬ 
cording in each such poll-book the 
names of and other particulars con¬ 
cerning the enrolled voters presenting 
themselves to vote at any primary, ob¬ 
taining, comparing and certifying to 
their signatures prior to the delivery 
of ballots to them, or obtaining identi¬ 
fication statements in lieu of such sig¬ 
natures, recording and announcing the 
ballots delivered and voted, making 
and recording challenges, and all other 
procedure with respect to the taking 
of the vote at any party primary shall 
be the same as that prescribed for the 
general election, and except as other¬ 
wise provided in this article, all pro¬ 
visions of article ten of the election 
law applying to the taking pf the vote 
at a general election shall apply equal¬ 
ly to each party primary. [As added 
by chap. 678, Laws of 1915.] 

Ballots, booths, books, blanks ami 

supplies. 

Sec. 79. The custodian of primary 
records shall have for each party 
printed ballots for each election dis¬ 
trict equal in number, as near as may 
be, to one and one-third times the total 
number of enrolled voters of the party 


in the election district, prepared as 
herein described. Such ballots and 
the sample ballots and the original en¬ 
rollment books, poll-books, blanks and 
stationery shall be delivered by the 
boards of elections, at its office on the 
Saturday before the primary election 
for which they are needed to each 
town or city clerk in the county, ex- j 
cept in New York city and in the city 
of Buffalo. It is hereby made the duty 
of each such town or city clerk to call j 
at the office of such board at such time I 
and receive such ballots and supplies. 
Each such town or city clerk shall de¬ 
liver to the proper polling places in | 
their city or town the ballots and such 
supplies for such primary election, at 
least one-half hour before the time 
fixed for opening the polls. In the 
cities of New York and Buffalo, such 
custodian shall cause such supplies to 
be delivered to the proper primary 
officers at the various polling places at 
least one-half hour before the time 
fixed for the opening of the polls. The 
polling places, voting booths, guard¬ 
rails, distance markers, ballot boxes, 
sample ballots, poll-books and other 
supplies required for official primary 
elections shall be provided and paid 
for by the same officers, and in the 
same manner, as in the case of general 
elections. At all official primary elec¬ 
tions a separate ballot box with the 
name and emblem of the party and 
with the number of the election dis¬ 
trict clearly and conspicuously written 
or printed thereon, shall be provided 
at each polling place for each party 
participating in a primary election at 
such polling place; and there shall 
also be a large box for the reception 
of unvoted ballots and an additional 
box for detached ballot stubs and 
there shall be affixed to the outside of 
the polling place and in at least two 
places on the inside thereof, and in a 
conspicuous manner, placards printed 
with large-sized, bold-faced type, 
which shall specify the name of the 
parties whose primary election is be- [ 
ing held In such polling place. Sample 
ballots shall be provided by the custo¬ 
dian of primary records for each party 
for each election district, equal in 
number, as near as may be, to twenty- 
five per centum of the number of 
official ballots required to be furnished 
for such party for such election dis¬ 
trict. Such sample ballots shall be 
printed on paper different in color 
from the paper used for the official 
ballot, and there shall be no num¬ 
bers upon the stubs thereof, but in 
all other respects such sample ballots 
shall be precisely like the official bal¬ 
lots. One of such sample ballots shall 
be furnished upon application at any 
time on primary day to any voter en¬ 
titled to vote the ballot of which he 
requests a sample. 

The custodian of primary records 
shall prepare and furnish for each 
board of primary election inspectors 
two tally sheet blanks and two state¬ 
ment of result blanks for each party 
whose primary election is under the 
jurisdiction of said board of primary 
election inspectors. Upon each of 
said blanks shall be indorsed the 
name of the party, the name of the 
county, the number of the assembly 
district or ward, or the name of the 
town, and the number of the election 
district for which said blank is to be 
used. 

Each such tally sheet shall consist 
of three columns separated from each 
other by vertical lines running from 
top to bottom of each page of the 
tally sheet. In the first column shall 
be .'printed the title of each public 
office for which a candidate is to be 
nominated, and, in the case of the 
party tally sheets, the name of each 
party position to which members are 
to be elected. Under the name of 
each public office, on the party tally 
sheets, for which candidates are to be 
nominated and on the same page 


shall be printed, in alphabetical order, 
the names of all candidates for the 
nomination therefor. Under the name 
of each party position on the party 
tally sheets and on the same page 
shall be printed, in alphabetical order, 
the names of all candidates for elec¬ 
tion thereto. On all the tally sheets, 
under the names of the group of can¬ 
didates for each public office or party 
position, shall be printed, each on a 
separate line, the words “blank” and 
“void” and the phrase “total number 
of votes cast for this office (or po¬ 
sition),” and under such phrase shall 
be left several blank spaces for writ¬ 
ing in names not printed on the bal¬ 
lot. Each name and each such word, 
phrase or space upon said tally sheet 
shall be separated from each other 
name and each other such word, 
phrase or space next thereto by par¬ 
allel horizontal lines extending from 
one side of the sheet to the other. 
The second column upon the tally 
sheet shall be headed, at the top of 
each page thereof, “Space for tally 
as canvass progresses.” The third col¬ 
umn in like manner shall be headed 
“Space for total number of votes re¬ 
ceived by each -candidate.” 

Each such statement of result sheet 
shall consist of two columns sepa¬ 
rated from each other by a vertical 
line running from top to bottom of 
each page of the sheet. In the first 
column shall be printed the title of 
each public office, and, in the case of 
the party statement of result sheets, 
the name of each party position, and 
the names of all the candidates there¬ 
for, which shall be printed in the same 
manner and order as upon the tally 
sheet in the first column thereof. All 
names shall be separated from each 
other by parallel horizontal lines. At 
the head of each statement of result 
sheet shall be printed the following: 
“Statement of result of the vote cast 
at the official primary election held on 

the . day of . (the 

blanks being properly filled),” and 
there shall also be printed the name 
of the county, the number of the as¬ 
sembly district or ward, or the name 
of the town, and the number of the 
election district. At the foot of each 
such statement of result sheet shall 
appear the following certificate to be 
signed by the primary election in¬ 
spectors: 

“We hereby certify that the fore¬ 
going statement of result is true and 
correct in all respects. 


Board of primary election inspector.” 

All pages of each tally sheet and of 
each statement of result sheet shall be 
securely bound together in convenient 
form. [As amended by chap. 891, 
Laws of 1911, chap. 820, Laws of 1913, 
and chap. 244, Laws of 1914.] 

Delivery of ballots and manner of 

voting. 

Sec. 80. No voter at a primary election 
shall be given or be allowed to mark or 
cast the ballot of any party with which 
he has not enrolled. The folding and de¬ 
livery of ballots and the manner of vot¬ 
ing shall be the same as prescribed for 
the folding and delivery of ballots and 
the manner of voting prescribed by tne 
provisions of this chapter relating to gen¬ 
eral elections so far * the same may be 
applicable, excepting that each ballot 
after detachment of the stub by the offi¬ 
cer charged with that duty shall be de¬ 
posited in the separate box provided for 
the party designated on the ballot, and 
such officer, in addition to announcing the 
name of the voter and number of the 
stub, shall also announce the party name 
thereon. 


•So in original. 


V 

















r 22 


E«fI«£®4Fy-THE ELECTION LAW OF THE STATE OF NEW YORK 


Unofficial ballots* 

Sec. 81. If, for any cause* the official 
ballots for any party shall not be pro¬ 
vided as required by law at any polling 
place, upon tbe opening of the polls of 
any primary election thereat, or if the 
supply of official ballots for any party 
shall be exhausted before the polls are 
closed, unofficial ballots, printed or writ¬ 
ten, made as nearly as practicable in the 
form of the official ballot, may be used. 

Preparation of ballot by voters. 

Sec. 82. The voter, on retiring to 
the voting booth, shall prepare his 
ballot in the following manner: He 
shall make a cross X mark in the 
voting square at the left of the name 
of each candidate for whom he de¬ 
sires to vote. A cross X mark is any 
straight line crossing any other 
straight line at any angle within the 
voting space and no ballot shall be 
declared void because a cross X mark 
thereon is irregular in character. It 
shall not be lawful to make any mark 
on the ballot other than a cross X 
mark for the purpose of voting, and 
such mark shall be made only with a 
pencil having black lead, and only in \ 
the voting space to the left of the 
name of a candidate; except that the 
voter may write with a pencil having 
black lead in the blank space under 
the title of the proper office or party 
position the name of any person or 
persons for whom he desires to vote, 
whose name or names are not printed 
upon the ballot; not exceding with 
the candidates for whom he has voted 
by cross X mark the total number or 
persons by whom such office or po¬ 
sition is to he filled. It shall not be 
lawful to deface or tear a ballot in 
any manner, nor to erase any printed 
name, device, figure, word or letter 
therefrom, nor to erase any mark 
made thereon by such voter nor in¬ 
close in the folded ballot any other 
paper or any article. If the voter 
deface or tear a ballot, or wrongly 
mark the same or make an erasure 
thereon, he may obtain one additional 
ballot on returning to the ballot clerk 
the one so defaced or wrongly marked. 
[As amended by chap. 820, Haws of 
1913.] 

Persons within tbe gnard-rail. 

Sec. 83. From the time of tbe opening 
of the polls until the result of the can¬ 
vass of the votes cast thereat shall have 
been announced, and the official state¬ 
ments of such canvass shall have been 
signed, the ballot boxes and all voted 
ballots shall be kept within the guard¬ 
rail. No person shall be admitted with¬ 
in the guard-rail during such period, ex¬ 
cept primary election officers, duly au¬ 
thorized watchers, persons admitted by 
the inspectors to preserve order or en¬ 
force the law, and persons duly admitted 
for the purpose of voting; provided, how¬ 
ever, that any candidate voted for may 
bo present at the canvass of the votes. 

Watchers j challengers; electioneer¬ 
ing. 

Sec. 84. The ballot and other boxes 
used at any primary shall be examined 
by the inspectors in the presence of 
the watchers, if any, before any bal¬ 
lots are received. One watcher for 
each election district may be appointed 
by any political committee, and by any 
two or more of the persons whose 
names are upon any ballot to be voted 
at such primary election. Such watch¬ 
ers may be present at such polling 
place and within tho guard-nM from 
at least fifteen minutes before the ex- i 
amination of any ballot or other box [ 
at the opening of the polls of such | 
primary election until after the an- ! 
nouncement of the result of the can¬ 
vass of the votes cast thereat and the 
signing of the statements thereof by 
the inspectors. A reasonable number 
of challengers, at least one person for 
any three or more persons of each 
party holding its primary election at 


that polling place, whose names are 
upon any official ballot at such pri¬ 
mary election, shall be permitted to 
remain just outside the guard-rail of 
each such polling place, where they 
can plainly see what is done within 
such rail outside the voting booths, 
from the opening to the close of the 
polls thereat. No person shall, while 
the polls are open, at any polling 
place do any electioneering within 
such polling place or within one hun¬ 
dred feet therefrom, in any public 
street or in any building or room, or 
in a public manner, and no political 
banner, poster or placard shall be al¬ 
lowed in or upon such polling place on 
any primary day. [As amended by 
chap. 820, Laws of 1913.] 

Canvnss of votem. 

Sec. 85. As soon as the polls at any 
official primary election shall close, 
the primary inspectors shall forthwith 
publicly canvass and ascertain the re¬ 
sult thereof, and they shall not ad¬ 
journ or postpone the cavass until it 
shall be fully completed. All ques¬ 
tions touching the validity of ballots 
or their conformity with the provisions 
of this chapter shall be determined 
by a majority vote of the primary in¬ 
spectors. The room in which such 
canvass is made shall be clearly 
lighted, and such canvass shall be 
made in plain view of the public. It 
shall not be lawful for any person or 
persons during the canvass, to close, 
or cause to be closed, the main en¬ 
trance to the room in which such can¬ 
vass is conducted, in such manner 
as to prevent ingress or egress thereby. 
The primary inspectors shall proceed 
to canvass the vote by counting the 
ballots found in the ballot boxes with¬ 
out unfolding them, except so far as 
to ascertain that each ballot is single, 
and by comparing the ballots found in 
each box with the number shown by 
the enrollment book to have been de¬ 
posited therein. If the ballots found 
in any box shall be more than the 
number of ballots so shown to have 
been deposited therein, such ballots 
shall be replaced, without being un¬ 
folded, in the box from which they 
were taken, and shall be thoroughly 
mingled therein, and one of the in¬ 
spectors designated by the board shall, 
without seeing the same and with his 
back to the box, publicly draw out as 
many ballots as shall be equal to such 
excess, and, without unfolding them, 
forthwith destroy them. If two or 
more ballots shall be found in a ballot 
box so folded together as to present 
the appearance of a single ballot, they 
shall be destroyed if the whole number 
of ballots in such ballot box exceeds 
the whole number of ballots shown by 
the enrollment book to have been de¬ 
posited therein, and not otherwise. If 
there lawfully be more than one ballot 
box for the reception of ballots voted 
for at any one polling place, no ballot 
found in the wrong ballot box shall 
be rejected, but shall be counted in 
the same manner as if found in the 
proper box, if such ballot shall not, 
together with the ballots found in the 
proper ballot box, make a total of 
more ballots than are shown by the 
enrollment book to have been de¬ 
posited in the proper box. The chair-’ 
man only of the board of primary 
officers shall unfold the ballots taken 
from a ballot box. When a ballot is 
not void, and a primary election in¬ 
spector or a duly authorized watcher 
shall, during the canvass of the vote, 
declare his belief that any particular 
ballot has been written upon or 
marked in any way for the purpose 
of identification, the inspectors shall 
write on the back of such ballot “Pro¬ 
tested as marked for identification,” 
and shall specify over their signatures 
upon the back thereof the mark or 
markings upon such ballot to which 
objection is made. The votes upon each 
such ballot shall be counted by them 
as if not so protested. If any ballot 


shall be rejected as void, the reason 
for such rejection shall be written 
on the back thereof by the chairman, 
or by an inspector designated by him. 
All ballots rejected as void, and all 
ballots protested as marked for identi¬ 
fication, shall be enclosed in a separate 
sealed package, which shall be en¬ 
dorsed on the outside thereof with the 
names of the inspectors, the designa¬ 
tion of the election district, and the 
number and kind of ballots contained 
therein. Such package shall be filed 
by the chairman with the original 
statement of the canvass. A state¬ 
ment of the number of ballots of any 
party protested as marked for identi¬ 
fication, and of the number thereof 
rejected as void, shall be included in 
each of the statements of the result 
of the canvass for such party. If re¬ 
quested by any watcher, the inspector 
shall, during the canvass, exhibit any 
and all ballots cast at such primary 
election to such watcher, fully opened 
and in such condition that he may 
fully and carefully read and examine 
the same, but such inspector shall not 
allow any such ballot to be taken 
from his hands. [As amended by chap. 
820, Laws of 1913.] 

Intent of voters. 

Sec. 86. If the voter marks more 
names than there are persons to be 
nominated for an office or elected to 
a party position, or if for any other 
reason it is impossible to determine 
the voter’s choice of a candidate for a 
party position or for nomination for 
an office, his vote shall not be counted 
therefor but shall be returned as a 
blank vote for such nomination or 
party position. 

A void ballot is a ballot upon which 
there shall be found any mark other 
than a cross X mark made for the 
purpose of voting, which voting mark 
must be made with a pencil having 
black lead, only in a voting space to 
the left of the name of a candidate; 
or one upon which anything is written 
other than the name or names of any 
person or persons not printed upon 
the ballot, for whom the voter desires 
to vote, which must be written in the 
blank space under the title of the 
proper office or party position with a 
pencil having black lead; or one which 
is defaced or torn by the voter; or 
one upon which there shall be found 
any erasure of any printed device, 
figure, letter or word, or of any name 
or mark written thereon, by such 
voter; or in which shall be found in¬ 
closed a separate piece of paper or 
other material; anu upon such bal¬ 
lot no vote for any candidate thereon 
shall be counted. Any straight line 
crossing any other straight line at any 
angle within a voting space shall be 
deemed a valid voting mark; but no 
ballot shall be declared void because 
a cross mark thereon is irregular in 
character. [As amended bv chap. 820, 
Laws of 1913.] 

Proclamation and statement of result. 

Sec. 87. Immediately upon the 
completion of such canvass, the board 
of , primary inspectors in each primary 
district shall make public oral procla¬ 
mation of the result thereof, and shall 
make upon the statement of result 
sheet for each party a written state¬ 
ment of such result for each election 
district in such primary district, and 
also a duplicate thereof, which shall 
be kn^vn as the duulicate statement. 
Immediately after the completion of 
such statements, such board shall file 
the originals thereof with the'custo¬ 
dian of primary records, and shall file 
the duplicate statements with the 
clerk of the city, town or village. 

In cities having more than one mil¬ 
lion inhabitants the board of primary 
inspectors shall also make and sign f 
police return of the vote at the pH 
mary similar to that required at tl 
general election by section three hu» 













Eagle Library—THE ELECTION LAW OF THE STATE OF NEW YORK 


23 


dred and seventy-two of this chapter, 
and such return and its contents shall 
be treated in the same manner by the 
same officers as is provided in that sec¬ 
tion with respect to the statement of 
the result of the canvass of votes on 
election day to be delivered to the po¬ 
lice. 

[As amended by chap. 678, Laws of 
1915.] 

Preservation of records and papers. 

Sec. 88. At all reasonable times any 
■watcher shall have reasonable oppor¬ 
tunity to make a transcript of any 
such statement, or any portion there¬ 
of, and any candidate shall be en¬ 
titled to receive, upon demand, a writ¬ 
ten statement showing the result of 
the primary election so far as he is 
concerned. 

After the close of the canvass of 
the votes at official primary elections, 
the ballots of each party cast thereat, 
except the protested, void and wholly 
blank ballots, shall be tied together, 
labeled and replaced in the ballot 
boxes from which they were respect¬ 
ively taken, and such ballot boxes 
shall then be securely locked and 
sealed, and, together with the box con¬ 
taining the stubs, shall be returned to 
the officer from whom they were re¬ 
ceived, who shall safely keep the same, 
subject, however, to be produced upon 
the order of any court of record or 
judge thereof, for not less than thirty 
days after such primary election, and 
until all suits or proceedings before 
any court or judge touching the same 
shall have been finally determined, 
when the ballots and stubs shall be 
removed and without examination, 
destroyed. In the case of a contested 
nomination for office or a contested 
election to a party position any can¬ 
didate shall be entitled as of right to 
an examination in person or by au¬ 
thorised agents of any primary ballots 
upon which his name lawfully ap¬ 
peared as that of a candidate; but the 
court shall prescribe such conditions, 
as of notice to other candidates or 
otherwise, as it shall deem to be nec¬ 
essary and proper. The custodian of 
primary records shall preserve for at 
least two years all boc ks, records, pe¬ 
titions, objections, certificates and pa¬ 
pers filed with him under any provi¬ 
sion of law for a period of at least 
two years, at the expiration of which 
time all such books, records, petitions, 
objections, certificates and papers may 
be destroyed by such custodian. [As 
amended by chap. 820, Laws of 1913.] 

Canvass of statements of results; 

cert ideates of election to party 

position. (See page 7, see. 2). 

Sec. 89. 1. Canvass by custodians 

of primary records. The custodian of 
primary records shall forthwith pro¬ 
ceed to canvass the statements of re¬ 
sults filed with him as provided in this 
article, and shall complete such can¬ 
vass within one hundred and twenty 
hours from midnight of the day upon 
which the primary election was held. 

He shall canvass separately the 
votes cast in each election district by 
the enrolled voters of the several 
parties respectively. 

The candidate for a party nomina¬ 
tion to public office, or for election to 
a party position, to be filled by the 
voters of a territory wholly within an 
election district, ward or town, who 
has received the highest number of 
votes cast in the primary election of 
a party in such election district, ward 
or town, shall be the nominee of said 
party for such public office, or shall 
be elected to such party position. Said 
custodian shall deliver upon request 
to such candidate, if he be elected to 
a party position, a certificate of his 
election. 

The candidate for a party nomina¬ 
tion to public office, or for election to 
a party position, to be filled by the 
voters of a district wholly within the 


jurisdiction of a custodian of primary 
records and greater than an election 
district, ward or town, who has re¬ 
ceived the highest number of votes 
cast in the primary election of a 
party in such district shall receive 
the nomination of said party for the 
public office, or be elected to the party 
position, for which he was designated 
or voted for. The custodian of pri¬ 
mary records shall deliver upon re¬ 
quest to such candidate, if he be 
elected to a party position, a certificate 
of such election. 

The custodian of primary records 
shall duly certify to the secretary of 
state a statement of the vote cast in 
the county in the primary election by 
the enrolled voters of each party, re¬ 
spectively, for all candidates for nom¬ 
ination for public office or for elec¬ 
tion to party position, whose designa¬ 
tions are required by this chapter to 
be filed in the office, of the secretary 
of state. Such statement shall be filed 
by such custodian in the office of the 
secretary of state within one hundred 
and twenty hours from midnight of 
the day on which the primary elec¬ 
tion was held. Tim custodian of pri¬ 
mary records shall also, within fifteen 
days from the day of such primary 
election, prepare and file with the 
secretary of state a supplemental 
statement of the vote cast for candi¬ 
dates for such offices or positions by 
the enrolled voters of each party in 
each assembly district in the territory 
within the jurisdicaion of such custo¬ 
dian. [As added by chap. 891, Laws 
of 1911. and amended by chap. 820, 
Laws of 1913, and chap. 244, Laws of 
1914.] 

Filling' vacancies and determination 

of tie vote lifter primaries. 

Sec. 90. A vacancy in a nomination 
for public office made at a primary 
election shall be filled as follows: A 
vacancy caused by the declination, 
disqualification or death of a candi¬ 
date, or by a tie vote, shall be filled by 
a majority vote of a quorum of the 
state committee, if the vacancy occur 
in a nomination for an office to be 
filled by all of the voters of the state, 
and otherwise by the members of the 
county committee or committees 
elected at such primary in the political 
subdivision in which such vacancy oc¬ 
curs, or by such other committee as 
the rules and regulations of the party 
may provide. Certificates of such 
nomination shall be filed in the office 
in which a designation of a candidate 
for such office is required to be filed. 
[As amended by chap. 820, Laws of 
1913.] 

Party nominations for special elec¬ 
tions and to fill certain vacan¬ 
cies. 

Sec. 91. Party nominations to an 
office to be voted for at a special elec¬ 
tion shall be made in the manner pre¬ 
scribed by the rules and regulations 
of the respective parties. A party 
nomination of a candidate for a va¬ 
cancy in an elective office required to 
be filled at the'next general election, 
occurring after the expiration of the 
period provided for the delivery by 
the chairman of a general committee 
to the custodian of primary records 
of the certified statement provided for 
in section seventy-five, shall be filled 
by a majority vote of a quorum of the 
state committee, if the vacancy occur 
in a nomination for an office to be 
filled by all the voters of the state, and 
otherwise by the members of the 
county committee or committees 
elected in the political subdivision in 
which such vacancy occurs at the of¬ 
ficial primary preceding the general 
election at which such vacancy is to 
be filled or lay such other committee 
as the rules and regulations of the 
party may provide. [As amended by 
chrp. 820, Laws of 1913.] 


Unofficial primaries. 

Sec. 92. Notice of all unofficial primary 
| elections shall be given in the same man¬ 
ner as in the case of official primary 
elections, except that such notice shall 
be given by the proper party officers a Q d 
shall not be at public expense. Unoffl- 
I cial primary elections shall be held in 
such places within the unit of represen¬ 
tation for which the primary election is 
held, as shall be designated by the proper 
political committee, but there shall be 
at least one polling place within and for 
| each assembly district, ward or village. 
The chairman and secretary of the po¬ 
litical committee calling an unofficial 
primary election, or under whose direc¬ 
tion such primary election is held, shall 
post and keep posted during the elec¬ 
tion, at or near the entrance to the room 
where the primary election is held, so 
that the same is clearly visible from the 
street, a conspicuous notice calling at¬ 
tention to the place at which the pri¬ 
mary election is being held. Unofficial 
primary elections shall be held at the 
expense of the party holding them, and. 
except as herein otherwise provided, shall 
be subject to the rules and regulations 
‘, of such party. 

There shall be a chairman and secre¬ 
tary for each unofficial primary and there 
may be tellers. No person shall be en¬ 
titled to vote at an unofficial primary 
unless he may be qualified to vote on 
the day of election. 

The chairman may administer any oath 
required to be administered at any pri¬ 
mary and he 'shall decide all questions 
that arise relating to the qualification of 
voters when a voter is challenged by any 
elector and shall reject such vote unless 
the person offering the vote is willing 
to be and shall be swprn, that he will 
{truly answer all questions put to him 
j touching his qualifications as such voter 
'and shall state under oath that he is 
qualified to vote at such primary. 

The ballot box used at any primary 
shall be examined by the secretary and 
by the tellers, if any, in the presence 
of the watchers, if any, before any bal¬ 
lots are received, to see that there are 
no ballots therein. Such watchers are 
entitled to be present from the com¬ 
mencement of the primary to the close 
of the canvass and the signing of the 
certificates thereof. At the close of the 
canvass of the ballots cast for each can¬ 
didate, the secretary shall publicly an¬ 
nounce the vote and the result of the 
canvass. 

No unofficial primary election shall be 
held in a saloon or drinking place, or in 
a room which is more than one flight of 
stairs from the street or not readily ac¬ 
cessible from the street. 

Penalty for violation. 

Sec. 93. Unless otherwise expressly 
provided in this chapter any person vio¬ 
lating any of the provisions of article, 
two, three, four, four-a and four-b of 
this chapter is guilty of a misdemeanor. 


Perjury. 

Sec. 94. All oaths administered un¬ 
der the provisions of this article and 
the preceding articles of this chapter 
are hereby declared to be oaths re¬ 
quired by law, and to be necessary 
for the ends of public justice. [As 
amended by chap. 820, Laws of 1913.] 


ARTICLE 5. 

NOMINATING CERTIFICATES; EM¬ 
BLEMS; VACANCIES. 


’Section 121. Certification and filing of 
nominations for town, 
village and certain 
other offices. 

SU 122. Independent nomina- 
, • 

tions. 

123. Independent certificates 

.-.P -*-» c 1 oti /X n 


’Schedule of section headings and tffi 
amended by chap. 820, Laws of 1*13. 

















24 


Eagle Library—THE ELECTION LAW OF THE STATE OF NEW YORK 


124. Emblems. 

125. Conflict in l ames or em¬ 

blems. 

126. Supplying omitted em¬ 

blems. 

127. Places of filing independ¬ 

ent certificates of nomi¬ 
nation. 

128. Times of filing inde¬ 

pendent certificates of 
nomination. 

129. Certification of nomina¬ 

tions by secretary of 
state. 

130. Publication of nomina¬ 

tions. 

131. Lists for town clerks and 

aldermen. 

132. Posting town and village 

nominations. 

133. Declination of nomina¬ 

tion. 

134. Objections to certifi¬ 

cates of nomination. 

135. Filling vacancies in nom¬ 

inations. 

136. Certificates of new nomi¬ 

nations. 

137. Death of candidate after 

printing of ballots; of- ! 
ficial pasters. 

Certification nntl filing of noinina¬ 
tion** for town, village and cer¬ 
tain other offices. 

Sec. 121. A person nominated at a 
party primary for a town or village 
office or for a city office to be filled at 
an election held at a different time 
from the general election shall receive 
a certificate of such nomination. It 
shall be signed by the presiding officer 
and a secretary of such primary, or, 
if made by a committee, by a majority i 
of the members therof, who shall add ! 
to their signatures their respective 
places of residence, and shall make 
oath before an officer qualified to take ( 
affidavits that the affiants were such 
officers of such primary or that they 
are members and constitute a majority 
of such committee, as the case may 
be, and that such certificates and the 
statements therein contained are true 
to the best of their information and 
belief. A certificate that such oath 
has been administered shall be made 
and signed by the officer before whom 
the same was taken and attached to 
such certificate of nomination. Such 
certificate of nomination shall con¬ 
tain the title of the city, town or vil¬ 
lage office for which such person is 
nominated and his name and resi¬ 
dence. Such certificate shall also desig¬ 
nate, in not more than five words, the 
name of the politcal party by which 
the nomination is made and shall be 
properly authenticated. Such certifi¬ 
cate shall also, upon its face, appoint 
a committee of three or more persons 
to fill a vacancy in any of such nom¬ 
inations occurring for any of the rea¬ 
sons specified in section one hundred 
and thirty-five of this chapter be¬ 
tween the date of such nomination 
and the day of election. 

Such certificate shall be filed with 
the clerk of such city, village or town, 
respectively. In towns in which town 
meetings are held at the time of the 
general election, certificates of nomi¬ 
nation of candidates for town offices 
shall be in duplicate, one of which 
shall be filed with the town clerk of 
the towm in which such officers are 
to be voted for and the other with 
the board of elections of the county in 
which such town is located. All such 
certificates shall be filed with such 
city, village or town clerk, or such 
board of elections, not less than twen¬ 
ty nor more than thirty days before 
the day of election. All such filed 
certificates and corrected certificates 
of nomination, all objections to such 
certificates and all declinations of 
nominations are hereby declared to 
he public records. [As added by chap. 
820, Laws of 1913.] 


Independent nominations. 

Sec. 122. Nominations made as pro¬ 
vided by this and the next section shall 
be known as independent nominations, 
and the certificate whereby such nomi¬ 
nations are made shall be known as 
an independent certificate of nomina¬ 
tion. Independent nominations of 
candidates for public office to be voted 
for by all the voters of the state can 
only be made by six thousand or more 
voters of the state; provided, however, 
that in making up such number at 
least fifty voters in each county of 
the state (the counties of Fulton and 
Hamilton to be considered as one 
county) shall subscribe the certificate 
provided for in this and the next sec- j 
tion. Independent nominations of 
candidates for offices to be voted for J 
by the voters of any political subdivi- ! 
sion of the state can only be made by 
five per centum of the total number 
of votes cast for governor at the las.t 
gubernatorial election in such political 
subdivision, excepting that not more 
than three thousand electors shall be 
required to make an independent nom¬ 
ination in any political subdivision; 
and excepting that not more than one 
thousand five hundred electors shall 
be required to make an independent 
nomination for a borough or county 
office. [As amended by chap. 891, 
Laws of 1911, and 800, Laws of 1913.] 

Independent certificates of nomina¬ 
tion. 

Sec. 123. Independent nominations shall 
be made by a certificate subscribed by j 
the required number of such electors, \ 
each of whom shall add to his signature ' 
his place of residence and make oath 
that he is an elector and has truly 
stated his residence. The making of the 
said oath shall be proved by the certifi- j 
cat a of the notary or other officer be¬ 
fore whom the said oath is taken, and it ! 
1 shall be unnecessary for an elector who 
has subscribed a. certificate of nomina¬ 
tion, as herein provided, to sign any affi- 
! davit as to the matter to which he has 
j made oath as aforesaid. The certificate 
! hereinbefore provided for of the notary 
i or other officer shall be in the following 
| form substantially; 

“STATE OF NEW YORK, 

“County of. ,j ss ' ! 

“On the . day of .. in 

the year .. before me person¬ 

ally came (here shall be inserted the 
names of each and every elector appear¬ 
ing and making oath before the said 
officer), each of whom was to me person¬ 
ally known and known by me to be the 
f elector whose name and place of resi- 
l dence is subscribed by him to the fore¬ 
going certificate and each of the forego¬ 
ing electors being by me duly and sev¬ 
erally sworn did make oath that he is an 
elector and has truly stated his residence, 
and that it is his intention to support at 
the polls the candidacy of the person or 
persons nominated for public office in the 
foiegoing certificate of nomination. 

"(Signature and official title.)” 

The certificate of nomination and each 
{separate paper thereof, if there be more 
than one such paper, shall contain the 
following declaration which shall be sub¬ 
scribed by the signers thereof: 

“We the undersigned duly qualified 
{electors of the district for which the 
nomination for public office is hereby 
made under the provisions of sections one 
j hundred and twenty-two and one hundred 
1 and twenty-three of the election law do 
hereby declare that it is our intention to 
support at the polls the candidacy of the 
person or persons herein nominated for 
public office.” 

The certificate shall also contain the 
titles of the --'•ffices to be filled, the name 
and residence ol each candidate nom- 
j inated. and if in a city, the street number 
of such residence and his place of busi¬ 
ness, if any; and shall designate in not 
! more than five words the political or 


other name which the signers shall select, 
waich name shall not include the name 
of any organized political party. 

A certificate may designate upon its 
face one or more persons as a committee 
to represent the signers thereof, for the 
purposes specified by section one hundred 
and thirty-five of this article. The signa¬ 
tures to the certificate of nomination 
need not all be appended to one paper. 
No person shall join in nominating more 
eanuidates for any one office than there 
are persons to be elected thereto, and no 
certificate shall contain the names of 
more candidates for any office than there 
are persons to be elected to such office. 

The name of no persoh signing an inde¬ 
pendent certificate of nomination shall be 
counted unless such person shall on one 
of the days of registration in such year 
be registered as a qualified elector, and 
in case a candidate nominated by an in¬ 
dependent certificate of nomination be:at 
the time of filing the said certificate or 
afterwards the candidate of a political 
party for the same office the name of ho 
person who is an enrolled member of 
such political party shall be counted. For 
the purpose of ascertaining whether the 
person whose name appears on an inde¬ 
pendent certificate of nomination signed 
such certificate, the affidavit or testimony 
of such person that he did not sign such 
certificate shall be prima facie evidence 
that he did not sign such certificate. No 
separate sheet comprising an independent 
certificate of nomination, where such cer¬ 
tificate consists of more than one sheet, 
shall be received and filed with the cus¬ 
todian of primary, records if five per 
centum of the names appearing on such 
sheet are fraudulent or forged. If the 
name of a person who has signed a cer¬ 
tificate of independent nomination appear 
upon another certificate nominating the 
same or a different person for the same 
office, it shall not be counted upon either 
certificate. [As amended by chap. 649, 
Laws of 1911.] 

Emblems. 

Sec. 124. It shall be the duty of the 
state committee of a party to select 
some simple device or emblem to 
designate and distinguish the candi¬ 
dates of the party for public office. 
Such device or emblem shall be shown 
by-a representation thereof upon a 
certificate signed and duly executed 
by the chairman and secretary of such 
state committee, which certificate shall 
be filed with the secretary of state, 
and such device or emblem, when so 
filed, shall in no case be used by any 
other party or any independent body. 
When any independent body shall 
make a nomination of a candidate or 
candidates to be voted for by the 
voters of the entire state, it shall .be 
the duty of the persons who shall 
sign and execute the certificate > of 
nomination of such candidate or can¬ 
didates, to likewise select some simple 
device or emblem to designate and 
distinguish the candidate of such in¬ 
dependent body making such nomina¬ 
tion, and such device or emblem shall 
be shown by the representation there¬ 
of upon such certificate of nomination. 
The device or emblem so chosen, when 
filed as aforesaid, shall be used to 
designate and distinguish all the can¬ 
didates of the same party or independ¬ 
ent body nominated by such party or 
independent body, or duly authorized 
committee or primary thereof, in all dis¬ 
tricts of the state and shall continue 
to be used to designate and distinguish 
the candidates of such party or inde¬ 
pendent body in all districts of the 
state until changed by the state com¬ 
mittee of the party or by the indepen¬ 
dent body choosing such device or em¬ 
blem. The device or emblem chosen as 
aforesaid may be a star, an animal,’an 
anchor, or any other appropriate sym¬ 
bol, but neither the coat of arms .or 
seal of any state or of the United 
| States, nor the state or national flag, 
nor any religious emblem or symbol, 
nor the portrait of any person, nor 





















Eagle Library—THE ELECTION LAW OF THE STATE OF NEW YORK 


25 


the representation of a coin or of the 
currency of the United States shall be 
chosen as such distinguishing device 
or emblem. 

Existing devices or emblems, here¬ 
tofore chosen pursuant to law, shall 
continue until changed in the manner 
provided in this section as hereby 
amended. [As amended by chap. 820, 
Laws of 1913.] 

Conflict in names or emblems. 

Sec. 125. If two or more different 
parties or independent bodies shall 
select the same, or substantially the 
same, device or emblem or party name, 
the supreme court or any justice there¬ 
of within the judicial district or any 
county judge within his county shall 
decide which of said parties or inde¬ 
pendent bodies is entitled to the use of 
such device or emblem or party name, 
being governed as far as may be in his i 
decision by priority of selection in the 
case of the device or emblem, and of 
t'se in the cose of the party name. 
If the other party or independent 
body shall present no other de¬ 
vice or party name after such de¬ 
cision, the custodian of primary rec¬ 
ords shall select for such other party 
or independent body another device or 
party name, so that no two different 
parties or nominating bodies shall be 
designated by the same device or party 
■'name. If there be a division within a 
party, and two or more factions claim 
the same, or substantially the same, 
device or name, the court or judge 
aforesaid shall decide between such 
conflicting claims, giving preference of 
device and name to the primary, body 
or committee thereof, recognized by the 
regularly constituted party authorities. 

Any question arising with reference 
to any device, or to the party or other 
name designated in any certificate filed 
pursuant to the provisions of this arti¬ 
cle, or with reference to the construc¬ 
tion, sufficiency, validity or legality of 
any certificate, shall be determined 
upon the application of any citizen by 
the supreme court, or any justice 
thereof, within the judicial district, or 
any county judge within his county, 
who shall make such order in the 
premises as justice may require, but 
the final order at special term must 
be made on or before the twelfth day 
or, in the case of a certificate of nomi¬ 
nation of a town or village officer, 
the seventh day preceding the day of 
election. Such question shall be heard 
upon such notice to such officers, per¬ 
sons or committees as the said court 
or justice or judge thereof shall direct. 

The supreme court, at special term, 
In any judicial district in which two 
or more proceedings are pending in 
such district under the provisions of 
this section may, by order, consolidate 
all such proceedings and provide that 
further proceedings therein be had 
before such court at special term, in 
all cases where the question or ques* 
tions involved are identical. If one 
or more of such proceedings be pend¬ 
ing before a justice or county judge, 
notice of such order shall be forth¬ 
with given to such justice or judge. 
[As amended by chap. 649, Laws of 
1911, chap. 820, Laws of 1913, and 
chap. 244, Laws of 1914.] 

Supplying' omitted emblems. 

Sec. 12 6. If a party or independent 
body shall have nominated candidates 
to be voted for by the voters of the 
entire state, in any year, and shall 
have no device or emblem, selected 
and certified as required by this chap¬ 
ter, to distinguish such candidates, it 
shall be the duty of the secretary of 
state to select a device or emblem for 
that purpose, and such device or em¬ 
blem so chosen shall be used to dis¬ 
tinguish all candidates of that party 
or independent body throughout the 
State, whether such candidates are 
nominated for state or local offices; 


and if any certificate of nomination of 
candidates to be voted for by the vot¬ 
ers of a district less than the entire 
state shall be filed with the secretary 
of state, or with any public officer 
pursuant to this article, by an inde¬ 
pendent body, or if nominations for 
such offices be made by a party, which 
independent body or party shall have 
made no nomination of candidates for 
offices to be filled by the voters of the 
entire state, and such independent 
certificate of nomination shall omit or 
the state committe of such party shall 
have omitted to select a device or em¬ 
blem to distinguish the candidates thus 
nominated, it shall be the duty of the 
secretary of state or other public of¬ 
ficer with whom an independent cer¬ 
tificate of nomination for such offices 
is required by this chapter to be filed 
to select a device or emblem to repre¬ 
sent such candidates. ‘ [As amended 
by chap. 820, Laws of 1913.] 

Places of filing Independent cer- 

cates of nomination. 

Sec. 127. Independent certificates of 
nomination of candidates for office to 
be filled by the voters of the entire 
state, or of any division or district 
greater than a county, shall be filed 
with the secretary of state, except that 
each such certificate of nomination of 
a candidate for member of asembly 
for the assembly district composing 
the counties of Fulton and Hamilton 
shall be filed in the office of the board 
of elections of Fulton -county, and a 
copy thereof certified by the board of 
elections of Fulton county shall be 
filed in the office of the board of elec¬ 
tions of Hamilton county, so long as 
the said counties constitute one as¬ 
sembly district, and except that such 
certificates of nomination of candi¬ 
dates for offices to be filled only by 
the voters or a portion of the voters 
of the city of New York shall be filed 
with the board of elections of the city 
of New York. 

Independent certificates of nomina¬ 
tion of candidates for offices to be 
filled only by the votes of voters, part 
of whom are of New York city and 
part of whom are of a county not 
•wholly within the city of New York, 
shall be filed with the board of elec¬ 
tions of such county and in the office 
of the board of elections of said city. 
Such certificates of nomination of can¬ 
didates for offices of any other city, 
to be elected at the same time at 
which a general election is held shall 
be filed with the board of elections r»f 
the county in which such city is lo¬ 
cated. Such certificates of nomination 
of candidates for offices of a city, vil¬ 
lage or town to be elected at a different 
time from a general election shall be 
filed with the clerk of such city, vil¬ 
lage or town, respectively. 

In towns in which town metings are 
held at the time of general elections, 
independent certificates of nomination 
of candidates for town offices shall be 
jn duplicate, one of which shall be 
filed with the town clerk of the town 
in which such officers are to be voted 
for, and the other with the board of 
elections of the county in which such 
town is located. All other independ¬ 
ent certificates of nomination shall be 
filed with the board of elections of the 
county in which the candidates so 
nominated are to be voted for. 

All such filed certificates and cor¬ 
rected certificates of nomination, all 
objections to such certificates and all 
declinations of nomination are hereby 
declared to be public records; and it 
shall be the duty of every officer or 
board to exhibit without delay every 
such paper to any person who shall 
request to see the same. It shall also 
be the duty of each such officer or 
board to keep a book which shall be 
open to public inspection, in which 
shall be correctly recorded the names 
of all candidates nominated by inde¬ 
pendent certificates issued by or filed 


in the office of such officer or board 
or certified thereto, the title of the 
office for which any such nomination 
is made, the name and emblem of the 
independent body making such nom¬ 
ination, and in which shall also be 
stated all declinations of such nomina¬ 
tions, or objections to such nomina¬ 
tions, and the time of filing each of the 
said papers. [As amended by chap. 
891, Laws of 1911, and chap. 820, 
Laws of 1913.] 

Times of filing independent certifl- 

titicntes of nomination. 

Sec. 128. Independent certificates of 
nomination required to be filed with 
the secretary of state shall be filed 
not earlier than the sixth Tuesday, 
and not later than twenty-five days 
I before the day of general election. All 
other independent certificates of nom¬ 
ination, except those required to be 
filed with village clerks and with town 
clerks of towns in which town meet¬ 
ings are held at a time other than the 
time of general elections, shall be 
filed not earlier than the sixth Tuesday 
and not later than twenty days before 
the day of general election. Inde¬ 
pendent certificates of nomination re¬ 
quired to be filed with village clerks 
and with town clerks of towns in 
which town meetings are held at a 
time other than the time of general 
elections shall be filed at least ten, 
and not more than twenty days before 
the day of election. 

In case of a special election ordered 
by the governor under the provisions 
of section two hundred and ninety- 
two of this chapter, independent cer¬ 
tificates of nomination for the office or 
offices to be filled at such special elec¬ 
tion shall be filed with the proper of¬ 
ficers or boards not less than ten days 
before such special election. [As 
amended by chapter 891, Laws of 
1911, and chap. 820, Laws of 1913.] 

Certification of nominations by sec¬ 
retary of state. 

Sec. 129. The secretary of state shall, 
fourteen days before the election, or nine 
days before a special election, certify 
to the board of elections of each county, 
and to the board of elections of the city 
of New York, the najne, residence and 
place of business, if any, of each candi¬ 
date either nominated in any certificate 
so filed with him, or to whom he has 
issued a certificate, for whom the voters 
of any such county or said city, respec¬ 
tively, may vote, the title of the office 
for which he is nominated, the party 
or other political name specified in such 
certificate, and the emblem or device 
chosen to represent and distinguish the 
candidates of the political party or inde¬ 
pendent body making such nominations. 
[As amended by chap. 831, Laws of 
1911.1 

Pnblieation of nominations. 

Sec. 130. At least six days before an election 
to All any public office the board of elec¬ 
tions of each county, except those counties 
which are wholly within the city of New 
York, shall cause to be published in not less 
than two nor more than four newspapers 
within such county, one of which shall be o 
daily newspaper, if a dally newspaper is 
published in such county, and in any county 
having one hundred thousand or more in¬ 
habitants, adjoining a city having a popu¬ 
lation of one million or more, in not less 
than six nor more than ten newspapers a list 
of all nominations of candidates for offices 
other than town offices to be filled at such 
election, certified to such board by the sec¬ 
retary of state, or filed with such board or 
certified by such board. The board of elec¬ 
tions of the city of New York shall, within 
the same time before an election to fill any 
public office, cause to be published in two 
newspapers published in each borough within 
such city a list of the nominations of can¬ 
didates for office to be voted for at such 
election in such boroughs respectively, which 
were certified to such board by the secretary 
of state, or filed in the office of such board. 













26 


Eagle Library-THE ELECTION LAW OF THE STATE OF NEW YORK 


or certified by such board and in the bor¬ 
ough of Brooklyn the board of elections 
shall cause such publication to be made in' 
the newspapers designated as corporation 
newspapers of said borough and in one daily 
newspaper published in the Jewish language. 

Such publication shall contain the name 
and residence, and if a city, the street num¬ 
ber of the residence and place of business, 
if any, and the party or other designation of 
each candidate, and a fac simile of the em¬ 
blems or devices selected and designated as 
prescribed by this article, to represent and 
distinguish the candidates of the several po¬ 
litical parties or independent bodies. The 
city clerk of each city except New York, 
and the board of elections of the city of £sew 
Voi k. shall at least six days before an elec¬ 
tion of city officers thereof, held at a differ¬ 
ent time from a general election, cause like 
publications to be made as to candidates for 
offices to be filled at such city election in a 
like number of newspapers published in such 
citv 

One of such publications shall be made in 
a newspaper which advocates the principles 
of the political party that at the last preced¬ 
ing election for governor cast the largest 
number of votes in the state for such office; 
and another of such publications shall be 
made in a newspaper which ads'oeates the 
principles of the political party that at the 
last preceding election for governor cast the 
next largest number of votes in the state for 
such office. The officer or board, in selecting 
the papers for such publications, shall select 
those which, according to the best informa¬ 
tion he can obtain, have a large circulation 
within such county or city. In making addi¬ 
tional publications, the officer or board shall 
keep in view the object of giving informa¬ 
tion, so far as possible, to the voters of all 
political parties. The officer or board shall 
make such publication twice in each news¬ 
paper so selected in a county or city in 
which daily newspapers are published; but 
if there be no daily newspaper published 
within the county, one publication only shall 
be made in each of such newspapers. Should 
the board of elections or other officer find it 
impracticable to make the publication six 
days before election day in counties where 
no daily newspaper is printed, he shall make 
the same at the earliest possible day there¬ 
after, and before the election. [As amended 
by chap. 891, Laws of 1911, and chap, 973, 
Laws of 1915.] 


Lists for town clerks and aldermen. 

Sec. 131. The board of elections of each 
county, except those counties which are 
wholly within the city of New York, shall 
at least six days before election day 
send to the town clerk of each town, and 
to an alderman of each ward in any city 
in the county, at least five and not more 
than ten printed lists for each election 
district in such town or ward, containing 
the name and residence, and if in a city, 
the street number of residence, and place 
of business, if any, of all candidates 
whose certificates of nomination have 
been filed with or issued by it or been 
certified to it, and the party or other 
designation, and also a facsimile of the 
emblem or device of each political party 
or independent body nominating candi¬ 
dates Vo be voted for by the voters of 
.he respective towns and wards. Such 
’’Atg shall at least three days before the 
day of election be conspicuously posted 
by such town clerk or alderman in one 
or more public places in each election 
district of such town or ward, one of 
which lists shall be so posted at each 
polling place. [As amended by chap. 
891, Laws of 1911.} 

Posting town and village nomina¬ 
tions. 

Sec. 132. Each town and village shall 
rause at least ten copies of a like list 
of all nominations to office filed with him 
for an election to be held at a time other 
than the day of the general election, to 
be conspicuously posted in ten public 
places in the town or village, at least 
one day before the town meeting or vil¬ 
lage election, one of which copies shall 


be posted at each polling place of such 
town meeting or village election. 

Declination of nomination. 

Sec. 133. The name of a person 
nominated for an office otherwise than 
by an official primary election, shall 
not be printed on the official ballot if 
he notifies the board or officer with 
whom the original certificate of his 
nomination is filed, in a writing signed 
by him and duly acknowledged, that 
he declines the nomination, or if nomi¬ 
nated by more than one political party 
or independent body, the name of a 
person so nominated shall not be 
printed on the ticket of a party or in¬ 
dependent body whose nomination he 
shall in like manner decline. If the 
declination be of a nomination filed 
with the secretary of state, such noti¬ 
fication shall be given at least twenty 
days before the election. If the 
declination he of a nomination filed 
with a board of elections of any county 
and in the counties within the city 
of New York with the board of elec¬ 
tions of the city of New York, or with 
the city clerk of any city, such notifi¬ 
cation shall be given at least eighteen 
days before the election. If the declina¬ 
tion be of a party nomination filed 
with a town or village clerk, such noti¬ 
fication shall be given at least ten 
! days, and if of an independent nomina¬ 
tion at least seven days before the 
election; except that a declination of 
nomination to a town office in towns 
where town meetings are held at the 
time of general elections, must he 
filed in the office of the board of elec¬ 
tions, within the time required by this 
section for filing the declination of 
nomination to a county office, and the 
board of elections shall forthwith noti¬ 
fy the town clerk in writing of such 
declination. 

When a person who was not desig¬ 
nated for nomination at an official 
| primary election receives a nomina- 
! tion for public office at such primary, 
it shall be the duty of the hoard or 
officer wuth whom designations for 
nomination to such office are required 
! by this chapter to be filed to forth¬ 
with notify, by mail, such person of 
his nomination. A person nominated 
as aforesaid, without designation, at 
an official primary, may decline such 
nomination not later than the seventh 
day after the day of the primary at 
which he was nominated by filing his 
written declination thereof, signed by 
him and duly acknowledged, with the 
board or officer with whom designa¬ 
tions for nomination to such office are 
required by this chapter to be filed. 

The board or officer to whom such 
notification is given shall forthwith 
inform by mail or otherwise the com¬ 
mittee appointed on the face of such 
certificate as provided by sections one 
hundred and t’/enty-one and one hun¬ 
dred and twenty-three of this chapter, 
that the nomination has been declined, 
and if such declination be filed w r ith 
the secretary of state, such officer 
shall also give immediate notice by 
mail or otherwise that such no.nina- 
tion has been declined, to the several 
boards of elections or other officers 
authorized by law to prepare official 
ballots for election, districts affected by 
such declination. [As amended by 
chap. 891, Laws of 1911, and chap. 
820, Laws of 1913.] 

Objections to eertifleates of nomina¬ 
tion. 

Sec. 134. A written objection to any 
certificate of nomination may be filed 
i with the officer with whom the original 
certificate of nomination is filed within 
three days after the filing of such cer- 
} tifk-ate, excepting that if by any inde¬ 
pendent certificate of nomination any 
person is nominated who is at the time 
or shall be after the filing of such in¬ 
dependent certificate of nomination, the 
candidate of a political party for the 
i same office and the rfifly certificate ha° 


been filed after the filing of the inde¬ 
pendent certificate of nomination, the 
written objection to the independent cer¬ 
tificate of nomination may be filed within 
three days after the filing of such party 
certificate; and if written objections to 
such independent certificate of nomina¬ 
tion have been already filed by the same 
or some other person and shall have been 
heard and determined or heard and not 
determined, there shall be a new hearing 
upon all the objections so filed, the writ¬ 
ten objections to an independent certifi¬ 
cate of nomination filed after the filing 
of a party certificate as herein provided 
may contain all objections to such inde¬ 
pendent certificate notwithstanding the 
same or some other person lias already 
filed objections to such certificate. If 
such objection be filed, notice thereof 
shall bo given forthwith by mail to the 
committee, if any, appointed on the face 
of such certificate for the purposes spec¬ 
ified in section one hundred and thirty- 
five of this article, and also to each can¬ 
didate placed in nomination by such cer¬ 
tificate. The question raised by such 
written objection shall be heard and de¬ 
termined as prescribed in section one 
hundred and twenty-five of this article.— 
[As amended by chap. 649, Laws of 
1911.] 

Filling vacancies in nominations. 

Sec. 135. If a nomination made 
otherwise than by an official primary 
election is duly declined, or the at¬ 
tempt to nominate at a primary re¬ 
sults in a tie, or a candidate regularly 
nominated otherwise than by an offi¬ 
cial primary election dies before elec¬ 
tion day, or is found to be disqualified 
to hold office for which he is nomi¬ 
nated, or if any certificate of nomina¬ 
tion is found to bo defective but not 
wholly void, the committee appointed 
on the face of such certificate of 
nomination, as provided by sections 
one hundred and twenty-one and one 
hundred and twenty-three of this 
chapter, may make a new nomination 
to fill the vacancy so created, or may 
supply such defect, as the case may 
he, by making and filing with the 
proper officer a certificate setting forth 
the cause of the vacancy or the nature 
of the defect, the name of the new 
candidate, the title of the office for 
which he is nominated, the name of 
the original candidate, the name of 
the political party or other nominating 
body which was inscribed on the orig¬ 
inal certificate, and such further in¬ 
formation as is required to be given 
by an original certificate of nomina¬ 
tion; except that where a certificate is 
filed pursuant to this section to fill a 
vacancy, it shall not be law'ful to se¬ 
lect a new name or emblem, but the 
name and emblem chosen to distin¬ 
guish the candidate nominated by the 
original certificate shall be used to dis¬ 
tinguish the candidate nominated as 
provided by this section. [As amend¬ 
ed by chap. 891, Laws of 1911, and 
chap. 820, Law's of 1913.] 

Certificates of new nominations. 

Sec. 13G. The certificate so made 
shall be subscribed and acknowl¬ 
edged by a majority of the members 
of the committee, and the members 
of the committee subscribing the 
same shall make oath before the, offi¬ 
cer or officers before whom they shall 
severally acknowledge the execution of 
the said certificate that the matters 
therein stated are -true to the best of 
their information and belief. Except 
in case of the death of a candidate 
after the official ballots have been 
printed and before election day, the 
said certificate shall be filed in the 
office in which the original certificate 
was filed, at least five days before elec¬ 
tion, if filed in- the office of a town 
or village clerk’; otherwise at lease 
fifteen days before the election; and 
upon being so filed shall have the came 
force and effect ns an original certifi- 
?at a of p-niL. ■<; n. When a new 


















V 


Eagle Library—THE ELECTION LAW OF THE STATE OF NEW YORK 27 


certificate of nomination is filed with 
the secretary of state, he shall, in 
certifying- the nomination to the va¬ 
rious boards and officers, insert the 
name of the person who has been thus 
nominated, instead of that of the can¬ 
didate nominated originally, or, if he 
has already sent forward his certifi¬ 
cate, he shall forthwith certify to such 
boards and other officers the name of 
the person newly nominated, and such 
other facts as are required to be stated 
in such certificate. [As amended by 
chap. 891, Law's of 1911, and chap. 

820, Laws of 1913.] 

Death of candidate after printing 

of ballot* i official pasters. 

Sec. 137. In case of the death of a 
candidate after the official ballots have 
been printed, and before election day, 
the vacancy may be filled by filing the 
proper certificate of nomination of a 
oantUdate to fill such vacancy, with the 
officer or board with whom the origi¬ 
nal certificate was filed, or by whom it 
was issued, and if filed with the secre¬ 
tary of state, the secretary of state 
shall immediately give the necessary 
notifications, and it then shall be the 
duty of the officer or board furnishing 
the official ballots to prepare and fur¬ 
nish to the inspectors of election in the 
election districts affected adhesive 
pasters containing the name of the 
candidate nominated to fill the va¬ 
cancy. The pasters shall be of plain 
white paper, printed in plain black ink 
and in the same kind of type as that 
used in printing the names of the can¬ 
didates upon the official ballots, and 
shall be of a size as large as and no 
larger than the space occupied upon 
the official ballot by the name of the 
candidate in whose place the candi¬ 
date named upon the paster has been 
nominated. If, however, the deceased 
shall be the candidate of several par¬ 
ties or bodies, and they shall not all 
nominate the same candidate as his 
successor, a paster shall be prepared 
which shall contain the entire mat¬ 
ter to be contained in the section on 
which such deceased candidate’s name 
appears, and shall be pasted over the 
w'hole section and shall supersede it. 

Whenever such pasters are provided, | 
the officer or board furnishing them j 
shall certify to the inspectors of elec¬ 
tion in the election districts affected by 
the vacancv, the name of the original 
candidate, the name of the new nomi¬ 
nee, the title of the office for which 
the nomination is made, and the name 
of the political party or independent 
body making the nomination, and shall 
state the number of pasters furnished 
which number shall be equal to the 
number of official ballots furnished 
for such district. Upon the delivery 
of said pasters, the inspectors of elec¬ 
tion shall sign a receipt for the same, 
which receipt shall be retained by the 
officer or board furnishing the pasters, 
and shall be part of the record of his 
or their office. The inspectors shall 
deliver the pasters to the ballot clerks, 
who are required to affix one of such 
pasters in the proper place and in a 
proper manner upon each official bal¬ 
lot before said ballot shall be delivered 
to a voter. When so affixed to the offi¬ 
cial ballot, the pasters shall be part 
of the official ballot. The ballot clerks 
shall include in their statement of bal¬ 
lots a statement showing the number 
of pasters received by them, the num¬ 
ber of pasters affixed to official ballots 
arid the number of unused pastes re¬ 
turned by them, the unused passers to 
be inclosed in the package of ballots 
not delivered to voters. 

The use of any paster upon the offi¬ 
cial ballot otherwise than as herein 
provided is hereby declared a felony, 
punishable by imprisonment in a state 
prison for not less than one nor more 
than five years. [As amended by 
chap. 891, Laws of 1911, and chap. 

821, Laws of 1913.] 


ARTICLE 6. 

REGISTRATION OF VOTERS. 

Section 150. Meetings for registration. 

151. '"Additional meetings for 
registration. 

152. Conduct of meetings; 

watchers. 

153. Adding and erasing 

names on register. 

154. Register of voters. 

155. Register; how arranged 

156. '"Register where personal 

registration is not re¬ 
quired. 

157. Preparation and distribu¬ 

tion of registry lists. 

158. Registration in cities and 

in villages of five thou¬ 
sand inhabitants. 

159. Registration elsewhere. 

160. Registration for other 

than general elections. 

161. Registration for town or 

village elections. 

162. Qualifications of voters. 

163. Gaining or losing a resi¬ 

dence. 

164. Illiterate and disabled 

voters. 

165. Change of residence 

within election district. 

166. Registration days not 

holidays. 

1 67. Preparation of challenge 
affidavits. 

168. Form of challenge affi¬ 

davits. 

169. Challenging applicants 

for registration. 

170. Investigation into truth 

of affidavits. 

171. '""Duplicate book of chal¬ 

lenge affidavits. 

172. Disposition of challenge 

affidavits. 

173. Entry requiring challenge 

by inspectors. 

174. Production of naturaliza¬ 

tion papers. 

175. Persons excluded from 

the suffrage. 

176. Certification of register. 

177. Making up the registers; 

custody thereof after 
registration. 

178. Custody and filing of 

registers after registra¬ 
tion in cities of first 
class. 

179. Certifying changes in 

registers. 

180. Custody of registers after 

election. 

181. Certifying number of 

registered voters. 

182. Delivery of blank books 

for registration; certifi¬ 
cates and instructions, 
182-a. ‘Special instructions to 
voters to be prepared 
for the year nineteen 
hundred and fourteen. 

183. Delivery of previous reg¬ 

isters and poll books to 
inspectors. 

184. Penalties. 

Meetings for registration. 

Sec. 150. 1. Except as otherwise 

herein provided, before every general 
election, the board of inspectors for 
each election district in eyery city, and 
in villages having five thousand inhabi- 
tants or more, shall hold four meetings 
| for the registration of the electors 
thereof, at the place designated there¬ 
for, to be known respectively as the 
first, second, third and fourth meetings 
for registration. The said meetings 
shall be held on the fourth Friday, 
fourth Saturday and the third Friday 
and third Saturday before such elec¬ 
tion. Each meeting shall begin at seven 
o’clock in the forenoon, and continue 


“Section repealed by chap. 649, Laws of 
ill. 

“"Repealed by cliap. 244, Lav.-s of 1914. 
•Added by chap. 243, Laws of 1914. i 


until ten o’clock in the evening. In all 
election districts other than in cities or 
villages having five thousand inhabi¬ 
tants cr more, the board of inspectors 
of election for each such election dis¬ 
trict shall hold two meetings for the 
registration of voters thereof, at the 
places designated therefor, before each 
general election, namely, on the fourth 
and third Saturdays before the elec¬ 
tion, to be known respectively as the 
first and second meetings for registra¬ 
tion, w'hich meetings shall begin at 
seven o’clock in the forenoon and con¬ 
tinue uptil ten o’clock in the evening. 

2. In a city having more than one 
million inhabitants, the board of in¬ 
spectors for each election district shall 
hold six meetings for the registration 
of the electors thereof before each 
general election. Such meetings shall 
begin on Monday the twenty-ninth 
day before such election and continue 
on each day of the same week up to 
and including Saturday. On each day 
except Saturday the meeting shall 
begin at half past five o’clock in the 
evening, and on Saturday at seven 
o’clock in the morning. All such 
meetings shall continue until half past 
ten o’clock in the evening. 

[As amended by chap. 649, Law's of 
1911, chap. 800, Laws of 1913, and 
chap. 678, Laws of 1915.] 

Conduct of meeting*: watcher*. 

- Sec. 152. No inspector shall on any 
day for registration be absent during 
the hours fixed for registering the 
names of electors. Each political party 
or independent body duly filing or en¬ 
titled to file certificates of nominations 
of candidates for offices to be filled at 
any such election may, by a w'riling 
signed by the duly authorized county, 
city, towm or village committee of sufh 
political party or ’’ndependent body, or 
by the chairman or secretary thereof 
charged with that duty, and delivered 
to and filed w'ith one of the inspectors 
of eiection, appoint not more than tw r o 
•watchers to attend any meeting or 
meetings of inspectors for an election 
district held for the registration of 
electors thereof. Each watcher must 
be a qualified elector of the county in 
which the election district for which 
he is appointed a watcher shall be lo¬ 
cated, provided that women w'ho are 
citizens and residents of the county, 
and of the age of ewenty-one years, 
may act as watchers, with full rights 
and privileges of such office, at any 
meeting or meetings, of inspectors for 
an election district held for the regis¬ 
tration of electors thereof, immediately 
preceding any election whenever held 
at which a woman suffrage constitu¬ 
tional amendment is to be submitted 
to the voters except that but one wom¬ 
an watcher for, and one woman watch¬ 
er opposed to, the adoption of such 
amendment shall be permitted in each 
election district. Such watchers may¬ 
be present at such polling place, and 
within the guard-rail, from at least 
fifteen minutes before the commence¬ 
ment of the said meeting until after 
the completion of the duties of the 
board of inspectors for that day- of 
registration. [As amended by chap. 
428, Laws of 1910, chap. 649, Laws of 
1911, and chap. 242, Laws of 1914.] 

Adding and erasing names on regis¬ 
ter. 

Sec. 15 3. If the board of insp#eiop“ 
at any meeting for the registration or 
electors shall have neglected or re¬ 
fused tc place upon the register of 
electors the name of any person who 
is entitled to have his name placed 
thereon, application may be made to 
the supreme court, or any justice 
thereof in the judicial district in which 
such election district is located, or of 
a county adjoining such judicial dis¬ 
trict, or to a county judge of the 
county in which such election district 
is located, for an order to place such 















r 28 


Eagle Library—THE ELECTION LAW OF THE STATE OF NEW YORK 


name upon the register of electors; 
and such court, justice or judge may, 
upon sufficient evidence, and upon 
such notice of such application, of not 
less than twenty-four hours, to the 
board of inspectors and such other 
persons interested, as the court, justice 
or judge may require, order such in¬ 
spectors to convene as a board of reg¬ 
istration on the second Saturday be¬ 
fore such election, and to add the 
name of such person to such l'egister 
of electors, and such register shall be 
corrected accordingly; but no court, 
justice or judge shall order the name 
of any person to be added to the regis¬ 
ter of electors unless it shall have 
been omitted therefrom through the 
fault, error or negligence of the elec¬ 
tion officers. In case the name of any 
person who will not be qualified to 
vote in such election district, at the 
election for which such registration 
is made, shall appear upon such regis¬ 
ter, application may be made in like 
manner by any elector of the town or 
city in which such election district is 
located to any court, justice or judge 
hereinbefore designated, for an order 
striking such name from the register, 
and such court, justice or judge may, 
upon sufficient evidence, and upon 
such notice of such application, of not 
less than twenty-four hours, to the 
person interested as the court, justice 
or judge may require, served either 
personally or by depositing the same 
in the post-office addressed to said 
person by his name, and at the ad¬ 
dress ’which appears in the register 
certified by the inspectors of election 
order such board to strike such name 
from such register of voters, and such 
register shall be corrected according¬ 
ly. In all applications to strike the 
names of voters from the register 
under this section an affidavit by any 
state superintendent of elections or 
any of their deputies when duly de¬ 
puted by any state superintendent of 
elections for that purpose, that in¬ 
vestigation was made by him pursuant 
to the provisions of section four hun¬ 
dred and seventy-five of this chapter, 
and that the affiant did visit and in¬ 
spect the premises claimed by the 
voter as his residence, and did inter¬ 
rogate an inmate, house dweller, 
keeper, caretaker, owner, proprietor 
or landlord thereof or therein as to 
the said voter’s residence therein or 
thereat, and that the said affiant was 
informed by one or more of said per¬ 
sons, naming them, that they were ac¬ 
quainted with and knew the persons 
residing therein or thereat, and that 
the voter did not reside at said prem¬ 
ises thirty days before election, shall 
be presumptive evidence against the 
right of the voter to register from 
such premises, and in case the court, 
justice or judge direct that service of 
the order to show cause may be made 
by depositing the same in the post- 
office, such service shall not be com¬ 
plete until a copy of the order to 
show cause shall also have been 
served upon the custodian of primary 
records for the political subdivision 
in which such election district is lo¬ 
cated, and upon the chairman of each 
political committee for the political 
subdivision in which such election 
district is located. If upon the hear¬ 
ing of such application the court, jus¬ 
tice or judge shall decide that the 
name of the elector shall be stricken 
from the register, the order of the 
court, justice or judge shall direct 
that the board of elections shall cause 
such name to be stricken from the 
register and also from the books of 
enrollment if it appear therein. In 
case the elector has, through no fault 
or neglect of his own, been registered 
in a wrong election district, the court 
may, upon proper proof, direct that 
his name be stricken from the regis¬ 
ter of the district in which he is not a 
qualified elector and, if he is a quali¬ 
fied elector m an adjoining election 


district, inay direct that his name be 
added to the register of electors in the 
election district in which he is a quali¬ 
fied elector. No application to add a 
name to or strike a name from the 
register shall be made after a day at 
least two days prior to the second 
Saturday before election. [As amend¬ 
ed by chaps. 649 and 740, Laws of 
1911, and chap. 820, Laws of 1913.] 

Register of voters. 

Seo. 154. The board of inspectors of 
each election district in the state shall, 
at their meetings for registration for the 
general election in each year, make a 
quadruplicate register—one copy by each 
inspector—in the forms hereinafter pre¬ 
scribed, of those persons, and none other, 
who are or will be qualified to vote in 
such district at such election, which reg¬ 
ister, when finally completed, shall be the 
register of voters of the district for such 
election. Such register shall also be used 
at all other elections held in such district 
during the year succeeding the election 
for which it is made, except for town 
meetings and village elections for which 
no registration is required. 

Register; how arranged. Signature 

law. 

Sec. 155. 1. This sub-division shall 

apply to election districts outside of a 
city having more than one million in¬ 
habitants. In all such election dis¬ 
tricts the register shall be arranged in 
twenty-four columns, and the leaves 
thereof shall be indexed from A to Z. 
In the first column of such register 
there shall be entered, at the time of 
the completion of the registration on 
the last day for registration, a num¬ 
ber opposite the name of each person 
so enrolled, beginning with "one” op¬ 
posite the first name entered in the 
page indexed A and continuing in nu¬ 
merical order to and including the 
last name entered upon the last page 
of such register. On each day of reg¬ 
istration there shall be entered in the 
second column thereof the surname of 
such persons in the alphabetical order 
of the first letter thereof, on the page 
bearing the index letter of such sur¬ 
name and in the third column the 
Christian name or names of such per¬ 
sons respectively. In the fourth column 
shall be entered the residence number 
or other designation, and in the fifth 
column the name of the street or ave¬ 
nue of such residence or a brief de¬ 
scription of the locality thereof. In 
the sixth column shall be entered the 
number of the floor or room occupied 
by the elector at the residence given 
by him, and in the seventh column 
shall be entered the full name of the 
householder, tenant, subtenant or 
apartment-lessee with whom the 
elector resides, and in the eighth col¬ 
umn shall be entered his age, in the 
ninth, tenth and eleventh columns 
shall be entered his length of resi¬ 
dence by years, months and days as 
the case may be, in the state, county 
and election district, respectively; and 
in the twelfth column shall be entered 
the country of his nativity which shall 
mean the country, state or province 
of the elector’s birth, irrespective of 
his former political allegiance. In the 
thirteenth column, if he be a natu¬ 
ralized citizen^ shall be entered the 
! date of the naturalization certificate 
j under which he claims citizenship and 
j in the fourteenth column shall be en¬ 
tered the designation of the court 
; issuing such naturalization certificate. 
In the fifteenth, sixteenth, seven¬ 
teenth and eighteenth columns shall 
be entered respectively the name of 
the state, the city or town, and the 
street number and the name of the 
| street or avenue of the residence of 
such person from which such person 
last registered or voted, and the year 
in which he last registered or voted. 
In the nineteenth column shall be en¬ 
tered the date of the registration of 
I the elector. Tn + he i\\ entieth column 


shall be entered if the elector is in 
business for himself or with others the 
name under which he is so in busi¬ 
ness, or, if the elector is employed by 
some other person, the name of his 
present employer. If he is not in 
business and has no employment, the 
word “none” shall be entered, to¬ 
gether with the name under which he 
was last in business or the name of 
his last employer, if any. In the 
twenty-first column shall be entered 
the street and number, or if it has no 
street number, a brief description of 
the location of the place, if any, 
where he is so in business or em¬ 
ployed, or, if unemployed, the place, 
if any, where he was last in business 
or employed. The information re¬ 
quired to be stated in the twentieth 
and twenty-first columns shall only be 
asked in the event that the person 
offering to register shall not have reg¬ 
istered in the same county in the gen¬ 
eral election immediately preceding. 
The twenty-second column shall be 
reserved for the signature of any 
elector who registers personally at the 
time of registration or in case the 
elector alleges his inability to write, 
for entering therein the number of 
the “identification statement for regis¬ 
tration day” made by such elector as 
hereinafter provided. Above each 
horizontal line in the said twenty-sec¬ 
ond column shall be printed the 
words “the foregoing statements are 
true" and the elector shall at the time 
of personal registration, sign his name 
by his own hand and without assist¬ 
ance, using an indelible pencil or ink, 
below such words on the horizontal 
line in the register of electors, which 
register shall be known as the “sig¬ 
nature copy.” Said signature copy 
shall be one of the registers, other 
than the public copy, which signature 
copy shall be kept by an inspector of 
opposite political faith from the 
chairman, and shall be used at the 
polls on election day. The twenty- 
third column shall be reserved for en¬ 
tering the consecutive number on the 
stub of the official ballot voted by the 
elector on election day. In the twen¬ 
ty-fourth column shall be entered, op¬ 
posite the name of each elector, un¬ 
der the heading “remarks” the facts 
regarding challenges, oaths and other 
facts affecting such elector required 
to be recorded. 

2. This subdivision shall apply only 
to election districts within a city hav¬ 
ing more than one million inhabitants. 
In all election districts in any such 
city, the register shall be arranged 
in twenty-nine (at tfie general election 
preceding a presidential primary, 
thirty) columns, and the leaves there¬ 
of shall be indexed from A to Z. The 
first column of the register shall be 
entitled “Registration No. of Voter,” 
and in such column shall be entered, 
at the time of the completion of the 
registration on the last day for regis¬ 
tration, a number opposite the name 
of each person so registered, begin¬ 
ning with “one” opposite the first 
name entered in the page indexed A 
and continuing in numerical order to 
and including the last name entered 
upon the last page of such register. 
Columns two to twenty-four inclusive 
shall be filled in on each day of regis¬ 
tration as each voter is registered, and 
the remaining columns at the times 
respectively provided. All such col¬ 
umns shall be appropriately entitled 
to indicate their purpose. In the sec¬ 
ond column shall be entered the date 
of the registration of each voter. In 
the third column shall be entered the 
surname of such person in the alpha¬ 
betical order of the first letter thereof, 
on the page bearing the index letter of 
such surname. In the fourth column 
shall be entered the Christian or given 
name or names of such persons re¬ 
spectively. In the fifth and sixth col¬ 
umns shall be entered the residence 
number or ether designation, and the 















Eagle Library—THE ELECTION LAW OF THE STATE OF NEW YORK 


29 


name of the street or avenue of such 
residence or a brief description of the 
locality thereof. In the seventh col¬ 
umn shall be entered the number of 
the floor or room occupied by the 
elector at the residence given by him. 
In the eighth column shall be entered 
the full name of the householder, 
tenant, subtenant or apartment lessee 
with whom the elector resides. In the 
ninth column shall be entered the 
elector’s age. In the tenth, eleventh 
and twelfth columns shall be entered 
the length of the elector’s residence 
by years, months and days as the case 
may be, in the state, county and elec¬ 
tion district, respectively, In the thir¬ 
teenth column shall be entered the 
country of his nativity, which shall 
mean the country, state or province 
of the elector’s birth, irrespective of 
his former political allegiance. In the 
fourteenth and fifteenth columns, if the 
voter be a naturalized citizen, shall be 
entered the date of the naturaliza¬ 
tion certificate under which he claims 
citizenship and the court issuing such 
naturalization certificate. In the six¬ 
teenth, seventeenth, eighteenth and 
nineteenth columns shall be entered 
respectively the name of the state, the 
city or town, the street number and 
the name of the street or avenue of 
the residence of such person from which 
such person last registered or voted, 
and the year in which he last regis¬ 
tered or voted. In the twentieth col¬ 
umn shall be entered, if the elector is 
in business for himself or with others, 
the name under -which he is so in 
business, or, if the elector is employea 
by some other person, the name of his 
present employer, if he is not in 
business and has no employment, the 
word "none” shall be entered, together 
with the name under which he was 
last in business or the name of his last 
employer, if any. In the twenty-first 
column shall be entered the street and 
number, or if it has no street number, 
a brief description of the location of 
the place, if any, where he is so in 
business or employed, or, if unem¬ 
ployed, the place, if any, where he was 
last in business or employed. The 
twenty-second column shall be re¬ 
served for the signature of any elector 
who registers personally, at the time 
of registration, or, in case the elector 
alleges his inability to write, for en¬ 
tering therein the number of the 
“identification statement for registra¬ 
tion day” made by such elector as 
hereinafter provided. Above each 
horizontal line in the said twenty- 
second column shall be printed the 
words “the foregoing statements are 
true” and the elector shall at the time 
of personal registration, sign his name 
by his own hand and without assist¬ 
ance, using an indelible pencil or pen 
and ink, below such words on the 
horizontal line in the register of 
electors, which register shall be known 
as the “signature copy.” Said signa¬ 
ture copy shall be one of the registers, 
other than the public copy, which sig¬ 
nature copy shall be kept by an in¬ 
spector of opposite political faith from 
the chairman, and shall be used at 
the polls on election day. In the 
twenty-third column the person who 
ha 3 personally made the entries afore¬ 
said in registering the voter shall sign 
his own initials in evidence thereof, 
which signature must be made at the 
same time that the voter is registered. 
In the twenty-fourth column shall be 
entered the number on the enrollment 
blank which is given to the voter to 
enable him to enroll in a party as pro¬ 
vided in article two of this law. The 
twenty-fifth column shall be reserved 
for the entry of the name of the party, 
Sf any, in which the voter enrolls, or 
other statement, as provided in said 
article two of this law. The twenty- 
sixth column shall be entitled “No. of 
Stub, Election Day,” and shall be re¬ 
served for entering therein the con¬ 
secutive number on the stub of the 


official ballot or set of ballots voted 
by such voter on election day. The 
twenty-seventh column shall be en¬ 
titled “No. of Stub, 1st Primary,” and 
shall be reserved for entering therein 
[the consecutive number on the stub of 
jthe official ballot cast by such voter at 
! the first official primary, whether 
spring or fall, following the general 
election for which such registration 
was made. The twenty-eighth column 
shall be entitled "No. of Stub, 2d Pri¬ 
mary,” and shall be reserved for en¬ 
tering therein the consecutive number 
on the stub of the official ballot cast 
by such voter at the next succeeding 
official primary held prior to the next 
enrollment, or, should an unofficial 
primary be held, for the entry of the 
word “Yes” to indicate that such voter 
voted at such primary. In preparing 
the registers for the general election 
[ next preceding a presidential election 
an additional column (the twenty- 
ninth in such case) shall be included, 
entitled "No. of Stub, 3rd Primary,” 
and shall be reserved for use at a third 
primary, if any, as above provided for 
a second primary in other years. The 
! last column in the register shall be en¬ 
titled “Remarks regarding challenges, 
oaths, and other facts required to be 
recorded,” and in such column shall 
be entered, opposite the name of each 
voter, with the date of each such entry, 
such record of challenges, oaths, and 
[ other facts relating to him as this law 
j requires to be entered in the register 
and are not otherwise provided for. 

3. The provisions of this subdivision 
shall apply to all election districts. It 
the elector alleges his inability to sign 
as provided in either of the foregoing 
subdivisions, one of the inspectors, 
designated by the chairman, shall read 
to the elector the following list of 
questions from a book to be furnished 
said inspector and to be known as 
“indentification statements for regis¬ 
tration day,” and said inspector shall 
write down in said book the answers 
of the elector to said questions: What 
is your true name? What is or was 
your father’s full name? What is or 
was your mother’s full name? What, 
is your occupation ? What is the name 
of your present employer? If unem¬ 
ployed, what is tne name of your last 
employer? Where is or was his place 
of business? Are you married or sin¬ 
gle? Where did you actually reside I 
immediately prior to taking up your | 
present residence; state floor and char- j 
acter of premises? At the bottom of 
each list of questions shall be printed 
the following statement: “I certify [ 
that I have read to the above named j 
elector each of the foregoing ques¬ 
tions and that I have truly recorded j 
his answers as above to each of said 
questions,” and said inspector who ; 
. has made the above record shall forth¬ 
with sign his name to said certificate 
and date the same. The above ques¬ 
tions sha’l be printed on separate 
sheets of paper which shall be fur¬ 
nished said inspector bound together 
in book form and numbered consecu¬ 
tively, and the number corresponding 
to the number on each sheet contain¬ 
ing said list of questions shall be en¬ 
tered when the questions have been j 
answered, in the twenty-second col- J 
umn, in the register of electors n. j 
which the electors registering have j 
signed their names. Said book of 

“identification statements for regis¬ 
tration day’** shall be kept at all times j 
| with the register in which the electors 
sign their names as hereinbefore pro- j 
vided. The registration books as pro¬ 
vided in this chapter, together with a 
sufficient number of identification i 
statements for registration and elec- i 
tion days, bound in book form, and the 
poll-books as herein provided in sub¬ 
division two of section three hundred 
and fifty-five shall be furnished to 
each board of inspectors in the same 
manner as the registration and poll- 
i books are now furnished to said 


boards of inspectors, except that the 
lines in the registers and poll-books 
provided for in this section shall be 
one-half inch apart and each page 
of said registers and poll-books shall 
in each case be consecutively num¬ 
bered. [As amended by chap. 428, 
Laws of 19.10, chap. 649, Laws of 1911, 
and chap. 678, Laws of 1915.] 

Preparation and distribution of 
registry lists; investigation of 
false registration. 

§ 157. The board of inspectors of 
each election district shall, immediate¬ 
ly after the close of the last day of 
registration, make and complete one 
list of all persons registered in their 
respective districts, in the numerical 
order of the street numbers thereof, 
which list shall be signed and certified 
by the board of inspectors. Such list 
shall be delivered by the chairman of 
the board of inspectors to the police 
captain of the precinct, if any, in 
which the election district is located, 
or an officer thereof, or to the town 
clerk, who shall forthwith deliver the 
same to the board of elections in the 
county in which such election district 
is located. The board of elections of 
each county containing a city of the 
first or second class and the board of 
elections of the city of New York 
shall, as soon as possible after the de¬ 
livery of such lists, and not less than 
six days prior to the day of election, 
print in pamphlet form for each ward 
of any such city within their respective 
counties, or for each assembly district 
in the city of New York, not less than 
twenty-five times as many copies of 
said registration lists as there are .elec¬ 
tion districts in such assembly district 
or ward, so that each assembly dis¬ 
trict or ward pamphlet shall contain 
the lists of the several election dis¬ 
tricts in such assembly district or 
ward. Upon the written application 
of the chairman of the executive com¬ 
mittee of the county committee of any 
political party whose candidates are 
entitled to a place upon the official 
ballot to be voted at the election for 
which the registration is made, the 
board of elections of such city of any 
such county, as the case may be, shall 
respectively deliver to such chairman 
five copies of each assembly district or 
ward pamphlet for each election dis¬ 
trict within such city, or, in the city 
of New York, within each assembly 
district of the county which suen 
county committee represents. Two 
pamphlets containing the lists of the 
registered persons in the election dis¬ 
tricts within his precinct shall be fur¬ 
nished to each police captain in all 
such cities. It shall be the duty of 
every police captain in every city of 
the state to forthwith cause an in¬ 
vestigation of each name registered in 
his precinct to be made and to re¬ 
port to the state superintendent of 
election at his office in such city or at 
such other office as they may in writ¬ 
ing designate any case of false regis¬ 
tration there found. In any city of 
the state in which registration lists 
are not printed, including third class 
cities, it shall be the duty of the board 
of elections of the county or of such 
city to afford necessary facilities, in¬ 
cluding clerical assistance, to every 
such police captain in transcribing the 
whole- or any part of the registration 
lists in aid of the duty of investigation 
imposed on him unde” the provisions 
of this section. The board of elections 
in each county shall furnish to the 
srate superintendent of elections three 
copies of each pamphlet printed by it. 
The remaining pamphlet so printed 
shall be distributed in the discretion 
of the said boards which shall have 
respectively the power to charge for 
each pamphlet a sum not exceeding 
ten cents a copy, and any moneys re¬ 
sulting from the sale thereof shall be 
paid to the comptroller of the city o * 
New York or county :tr < 















30 


Eagle Library-THE ELECTION LAW OF THE STATE OF NEW YORK 


the county for the benefit of the 
treasury of such city or county. 
The boards of election shall contract 
for the printing of such lists 
of registered electors with whom¬ 
soever it may seem to said board 
to be most advantageous to so 
contract, but such contract shall 
only be awarded after proper public 
not'ce and to the lowest bidder. 

Such lists shall be made and printed 
as near as may be in the following 
form, to wit: 

GRAND STREET. 

Residence number or 

other designation. Name of elector. 

14 Smith, John M. 

15 Jones, Charles M. 

[As amended by chap. 649 Laws of 

1911 chaps. 800 and 821 Laws of 1913 
and chap. 678 Laws of 1915.] 

Registration in cities and villages 

of five thousand inhabitants. 

Sec. 158. In cities and villages hav¬ 
ing five thousand inhabitants or more, 
the names of such persons only as 
personally appear before the inspect¬ 
ors, and who are or will be at the elec¬ 
tion for which the registration is 
made, cpialifled electors, shall be reg¬ 
istered for a general election, except 
that whenever any election district in 
a village having five thousand inhab¬ 
itants or more shall embrace within 
its boundaries territory without the 
limits of such village, the inspectors 
shall, at their first meeting for regis¬ 
tration for a general election, place 
upon such register the names of all 
persons appearing on the register of 
the last preceding general election 
who resided without the limits of such 
village but within the election district 
and who voted at such last preced¬ 
ing general election, except the names 
of such electors as are proven to the 
satisfaction of such inspectors to have 
ceased to be electors since such gen¬ 
eral election or to have moved within 
the limits of such village. They shall ( 
also place upon such register, at iheir 
first meeting, the names of all other 
persons proven to the satisfaction of 
such inspectors by the affidavits of 
each such person and of two qualified 
electors, as provided in the next sec¬ 
tion, to be then or thereafter entitled 
to vote at the election who reside 
Within such election district but with¬ 
out the limits of such city or village, 
and also upon all days of registration 
the names of all other persons who 
may appear before the said board and 
apply for registration and who are 
or v T ho will be at the election for 
which registration is made qualified 
electors. [As amended by chap. 649, 
Law's of 1911, and chap. 820, Law's of 
1913.] 

Registration elsewhere. 

Sec. 159. At the first meeting for reg¬ 
istration in any election district wholly 
outside of a city or a village having 
five thousand inhabitants or more, 
the inspectors shall place upon the 
register the names of all persons w'ho 
voted at the last preceding general 
election, as shown by the register or 
poll book of such election and also 
those presenting themselves in per¬ 
son, except the names of such electors 
ha are proven to the satisfaction of 
such inspectors to have ceased to be 
electors in such district since such 
general election, and also at said first 
meeting, they shall place on the regis¬ 
ter the names of all persons proven 
to the satisfaction of such inspectors 
by the affidavits of each such person 
and of two qualified electors to be 
then pr thereafter entitled to vote at 
the election for which such registra¬ 
tion is made. Such affidavit shall be 
substantially in the following form: 

STATE OF NEW YORK, ss.J 


L/Ouniy ui » ♦-•••» 

On this day of 

in the year ...... .,, before me came 


, to me personally known, 


and being by me duly sworn, did 
make oath as follows: I am a duly 
qualified voter in the . elec¬ 

tion district of the (town or village 
as the case may be) in said county. 

I am (or I know.and know 

that he is) a bona fide resident of said 
election district: that I (or that he) 
was born in the year ........ at 

.; that I (or that he) was 

naturalized in the year . 

in the.court, and that I have 

(or that he has) actually resided at 

.. in said district, for the last 

thirty days, have (or has) resided in 
said county for the last four months, 
have (or has) been an inhabitant of 
the state for one year next preceding 
the election, and that I am (or he is) 
a citizen of the United States, and 
that I am (or that he is) or will be 
on the day of election at least twenty- 
one yea.rs of age. That my (or his) 
occupation is .. . . . 


(Signature of affiants.) 
Subscribed and sworn to before 
me this.day of.. 


(Signature and official title.) 

Upon all days of registration the in¬ 
spectors shall place upon the register 
the names of all other persons w r ho 
may appear in person before the said 
board and apply for registration and 
who are or will be at the election 
for which the registration is made 
qualified electors. [As amended by 
chap. 649, Laws of 1911, and chap. 
820, Laws of 1913.] 

Registration for other than general 

elections. 

Sec. 160. At the meeting of the board 
of inspectors in a city or village having 
five thousand inhabitants or more, for 
revising and correcting the register for 
any election other than a general elec¬ 
tion, the inspectors shall retain upon 
the register of their respective districts 
the names of all persons qualified to vote 
at such election in such district which 
appear upon the register of electors for 
the last preceding general election in 
such election district, except the names 
of such electors as are proven to the 
satisfaction of the inspectors to have 
ceased to be electors of such district 
since their names were placed upon such 
register, and shall, at such meeting, add 
only to such register the names of the 
persons qualified as electors who shall 
personally appear before the board. If, 
however, such elector resides within such 
election district but without the limits 
of such village, his name shall be placed 
upon such register, if it is shown to the 
satisfaction of such board that he is en¬ 
titled to vote therein. 

In cities any elector who was regis¬ 
tered in an election district of such city 
at the last preceding general election, 
and who since that time shall have re¬ 
moved into another election district in 
the same city, and who is otherwise 
qualified to vote at such special election, 
shall, upon demand, receive from the 
board of inspectors of the district in 
which he was registered for such last 
preceding general election a certificate 
duly signed by the said board of the fact 
that his name was upon such register 
and has been erased therefrom because of 
such removal, and his name shall there¬ 
upon be erased from such register. Upon 
presentation of such certificate by the 
elector to the board of inspectors of the 
election district in which he resides, his 
name shall be placed upon the register 
I for such district. The inspectors must 
note upon the reaister opposite the name 
j of such elector the fact of such removal, 
specifying the election district from 
which he has removed. They shall care¬ 
fully attach such certificate to the regis¬ 
ter. 

No elector shall cause his name tq be 
placed upon the register of an election 
i district for any election other than a 
I general election, while his name shall 


appear upon the register of another dis* 
trict to be used at such election. 

Any person who shall violate this pro¬ 
vision is guilty of a felony, and upon con¬ 
viction shall be punished by imprison¬ 
ment in a state prison for not less than 
two nor more than five years. 

In all election districts other than in 
cities or in villages of five thousand in¬ 
habitants or more, the board of inspect¬ 
ors in preparing for an election other 
than a general election shall add to the 
register for the last preceding general 
election the names of such electors as 
they know are or are satisfied by proof 
wili be on the day of such election enti¬ 
tled to vote thereat, and shall strike 
therefrom the names of all persons who 
are known or are proven to their satis¬ 
faction to have ceased to be qualified 
uelectors of such election district. [As 
amended by chap. 649, Laws of 1911.J 

Registration lor town or village elec¬ 
tions. 

Sec. 161. No registration of voters 
shall be required for town or village elec¬ 
tions, except as provided in the village 
law, and except that when a town or vil¬ 
lage election is held at the same time 
with a general election all voters in such 
town or village to be entitled to vote at 
such town or village election must be 
registered as provided by law for the 
registration of voters for any general 
election in such town or village. [As 
amended by chap. 424, Laws of 1910.] 

Qualifications of voters. 

Sec. 162. A person is a qualified voter 
in any election district for the purpose 
of having his name placed on the reg¬ 
ister if he is or will be on the day of 
election qualified to vote at the election 
for which such registration is made. 
A qualified voter is a male citizen who 
is or will be on the day of election 
twenty-one years of age, and who has 
been an inhabitant of the state for 
one year next preceding the election, 
and for the last four months a resi¬ 
dent of the county, and for the last 
thirty days a resident of the election 
district in which he offers his vote. If 
a naturalized citizen, he must, in addi¬ 
tion to the foregoing provisions, have 
been naturalized at least ninety days 
prior to the day of election. 

[As amended by chap. 821, Laws of 
1913, and chap. 678, Laws of 1915.] 

Gaining or losing a residence. 

Sec. 163. For the purpose of register¬ 
ing and voting no person shall be deemed 
to have gained or lost a residence by 
reason of his presence or absence while 
employed in the service of the United 
States, nor while engaged in the navi¬ 
gation of the waters of this state, or of 
the United States, or of the high seas; 
nor while a student of any seminary of 
learning: nor while kept at any alms¬ 
house, or other asylum, or institution 
wholly or partly supported at public ex¬ 
pense or by charity; nor while confined 
in any public prison. Any person claim¬ 
ing to belong to any class of persons 
mentioned and referred to in this sec¬ 
tion shall file with the board of inspec¬ 
tors at the time of registration a writ¬ 
ten statement showing where he is 
actually domiciled, his business or occu- 
J pation. bis business address, and to which 
class he claims to belong. Such state¬ 
ment shall be attached to the register, 
and be open for public inspection, and 
the fact thereof shall be noted in the 
register opposite the name of the per¬ 
son so registered. 

Illiterate and disabled voters. 

See. 164. If. at any meeting for the 
registration of voters, any person entitled 
to he registered and of whom personal 
registration is required shall declare to 
the beard of inspectors at the time he 
applies for registration that he is un¬ 
able to write by reason of illiteracy, or 
that he will be unable to prepare his 
ballot without assistance by reason of 
blindness, or of such a degree of blind- 




























Eagle Library—THE ELECTION LAW OF THE STATE OF NEW YORK 


31 


ness as will prevent him, with the aid 
of glasses, from seeing the names printed 
upon the official ballot, loss of both 
hands, or such total inability of both 
hands that he cannot use either hand 
for ordinary purposes, or that he will 
be unable to enter the voting booth with¬ 
out assistance by reason of disease or 
crippled condition, the nature of which 
he must specify, it shall be the duty of 
the said board of inspectors to admin¬ 
ister an oath to such person in the fol¬ 
lowing language, namely: “You do sol¬ 
emnly swear (or affirm) that you will be 
unable to prepare your ballot without as¬ 
sistance, because,’’ and after the word 
“because,” continuing with a statement 
of the specific disease or crippled condi¬ 
tion assigned by the person as the cause 
of his alleged disability, and the said 
Inspectors and each of them shall make 
a note upon the register of each instance 
in whichc such oath is administered, and 
of the cause or reason so assigned. 

Change of residence -within election 

district. 

Sec, 165. If any voter after being regis¬ 
tered shall change his place of residence 
within the same election district, he may 
appear before the board of inspectors of 
such district on any day of registration, or 
on the day of election, and state under 
oath that he has so changed his resi¬ 
dence, and the board of inspectors shall 
thereupon make the proper correction 
upon the register of such district. 

Registration days not holidays. 

Sec. 166. No part of a day fixed for the 
registration of voters shall be deemed 
a holiday so as to affect any meeting or 
proceeding of the board of inspectors for 
registration. 

Preparation of challenge affidavits. 

Sec. 167. The secretary of state 
shall prepare and cause to be printed 
on good writing paper in book form 
wherever he deems it desirable for 
the best interests of the state, at least 
fifteen blank challenge affidavits for 
each election district in cities and at 
least ten such blanks for each elec¬ 
tion district outside of cities and shall 
transmit to each board of elections 
or other officer to whom or which he 
is required to deliver the register of 
voters, at the same time and in the j 
same manner as such register of vot- j 
ers is transmitted, a sufficient number 
of such books of blank challenge affi¬ 
davits as shall provide one such book 
for each board of inspectors in each 
county, and such officers shall trans¬ 
mit the said books to the respective 
boards of inspectors in the same man¬ 
ner and at the same time as the reg¬ 
ister of voters. The secretary of 
state shall also furnish to such board 
such additional number of such books 
of challenge affidavits and copies 
thereof, as hereinafter provided, as 
in his judgment shall be necessary to 
replace lost or damaged books and to 
provide extra books to any election 
district in which the supply may be | 
exhausted during the registration of j 
voters. Such extra books shall be j 
furnished by such board to the in¬ 
spectors upon application by the in¬ 
spectors or any citizen. [As amended 
by chap. 244, Laws of 1914.] 

Form of challenge affidavits. 

Sec. 168. Each challenge affidavit shall 
have a stub attached thereto and sep¬ 
arated from such affidavit by a perfor¬ 
ated line with a space on such stub foi 
writing the name and address of the chal¬ 
lenged person, and both the stub and 
affidavit shall bear the same printed num¬ 
ber and shall be numbered in consecu¬ 
tive order in each book, beginning with i 
number one. Such challenge affidavit j 
shall be printed in the blowing form, 
to wit: 

(Stub) 

“Name of applicant.• 

Address. . 

(Perforated line) i 


CHALLENGE AFFIDAVIT. 


j ss: 


State of New York i 
•County of 

Election District 
Assembly District (or Ward) 

City (or town) of . 

What is your true name? .. 

Where do you actually reside?. 

Under what name are you known at 

that address? . 

Are you a householder? . 

What is the name of the householder 
with whom you reside?. 


What is the character of the house in 
which you reside? (By character is 
meant whether it is a hotel, lodging 
house, tenement, furnished room house, 
or private dwelling)....,.,,.,.,. 


How old are you? ,,,. 

Where were you born?..,,... 

If naturalized, give name of court 
issuing and date of certificate.,,.,,,,.,. 


What is your occupation?,..,.,...,.... 
What is the name of your prosent em¬ 
ployer? ... 

Where is his place of business?,...., 
What is the name of your last em¬ 
ployer? .. 

Where is or was the place of busi¬ 
ness .. 

When did you last register or vote?.... 


From what ad-dress did you last reg¬ 
ister or vote? ,,,.. 

City or town.,,. Street and number.,,, 


How long have you been an inhabitant 

of this state? ., 

How long have you been a resident of 

this country? ... 

How long have you been a resident of 

this election district?,.... 

Are you married or single?.,__ 

If married, where does your family re¬ 
side? . 

If single, where do your parents re¬ 
side? . ..• 

How long do you contemplate residing 

in this election district?. 

Give place or places by street and num¬ 
ber, the city, town or village of your 
residence or residences during the past 

four months ... 

Where did you actually reside im¬ 
mediately prior to taking up your present | 

residence? ,..... 

Have you been convicted of felony?.... 
If so, have you been pardoned and 
restored to all the rights of citizen¬ 
ship? . 

When? . By whom?. 

Have you made any bet or wager, or 
are you directly or indirectly interested 
in any bet or wager depending on the re¬ 
sult of the next ensuing election?. 

Have you received or offered to re¬ 
ceive, or do you expect to receive, any 
money or other valuable thing as a com¬ 
pensation or reward for registering or 
for giving your vote or refraining from 

voting at the next election?. 

Have you paid, offered or promised to 
pay, contributed, offered or promised to 
contribute, to another, to be paid or 
used, any money or other valuable thing, 
or made any promise, to influence tne 
giving or witholding of any vote at the 

next ensuing election? ... 

I, the undersigned, do hereby solemnly 
swear (or affirm) that the answers to the 
above questions were given by me and 
that they are true answers to such ques¬ 
tions. 

(Signature of applicant.). 


Description of applicant. 

Height. Color of hail’.. 

Weight. Hair on face.. 

Color. Kind of nose., 

Marks on face or hands. 

Distinguishing marks . 


I, the undersigned, an inspector of 
election of the above designated election , 
district, do hereby certify that the with- | 
in named person did on this day person-i 


ally appear before the board of inspec¬ 
tors of this election district and did make 
application to have his name enrolled up¬ 
on the register of voters of this said 
election district; that he was challenged 
and was sworn by me and did make the 
answers set opposite the printed ques¬ 
tions upon this affidavit and signed the 
same in my presence. 

Dated this . day of October, 19.. 

Name.Residence. 

Inspector of election. 

(To be signed by the inspector adminis¬ 
tering oath to applicant.) 

Witnesses. 

Name...Residence...Inspector of Election. 
Name...Residence...Inspector of Election. 
Name...Residence...Inspector of Election. 

(Board of inspectors.) 

Name of challenger... 

Residence of challenger. ” 

Challenging: applicants for x’egistra- 

tion. 

Sec. 169. 1. Any person who applies per¬ 
sonally to any board of inspectors for 
registration for any election may be chal¬ 
lenged by any qualified elector present 
or by any qualified watcher present. 

2. If such applicant be so challenged, 
or if any member of the board of in¬ 
spectors shall have reason to suspect 
that such applicant is not entitled to 
have his name registered, the chairman 
of the board of inspectors or any mem¬ 
ber of such board is hereby authorized 
to and shall administer to such appli¬ 
cant the following oath: “You do sol¬ 
emnly swear (or affirm) that you will 
true answers make to the questions 
touching upon your qualifications as an 
elector and such other questions as may 
be put you tending to establish your 
identity,” and one of the inspectors 
shall thereupon read to such challenged 
person each and every question printed 
upon the challenge affidavit provided 
for by section one hundred and sixty- 
eight and shall enter in ink opposite 
each question the answer thereto given 
by such applicant. The applicant shall 
subscribe his name to such challenge 
affidavit, which shall also be subscribed 
by the inspector administering the above 
oath and as witnesses by the other in¬ 
spectors present, who shall certify over 
their names the fact that the applicant 
did apply for registration, that he was 
duly sworn, and that the answers set 
opposite the printed questions are the 
true answers given to such questions by 
the challenged applicant. The inspectors 
shall also enter in the place provided on 
the challenge affidavit a description of 
the person challenged and the name and 
address of the person challenging. If the 
applicant shall by his answers satisfy a 
majority of the board of inspectors of his 
right to be registered, they shall register 
his name as an elector; if not, they shall 
point out to him the qualifications which 
he lacks” as an elector and his name shall 
not be registered except as provided by 
section one hundred and fifty-three of 
this article, and upon any such proceed¬ 
ing the challenge affidavit of such appli¬ 
cant shall be submitted in evidence to 
such court, justice or judge. If the ap¬ 
plicant shall refuse to make oath to the 
questions put to him and the answers 
given thereto by him or shall refuse to 
answer any questions upon the challenge 
affidavit, his name shall not be placed 
upon the register, or if recorded thereon 
previous to his ascertained qualifications 
as nn elector, the inspectors shall entSf 
in the remark column after such name 
the word “disqualified,” and no persafi 
shall be allowed to vote on such name 
at the election. When the name of a 
person who has signed a challenge affi¬ 
davit shall be registered, the inspectors 
shall enter in the column headed “re¬ 
marks” on the register opposite such 
name the word "affidavit,” giving the con¬ 
secutive number printed on such affidavit. 
[As amended by chap. 428, LaAvs of 1913, 
and chap. 649, Laws of 1811,j 










































































£2 


Eagle Library—THE ELECTION LAW OF THE STATE OF NEW YORK 


Investigation into truth of nlildavits. 

Sec. 170. At the close of each day 
of registration the inspectors of elec¬ 
tion shall detach from the stubs the 
challenge affidavits signed by the per¬ 
sons challenged during the day and in 
cities shall deliver them to the police 
captain of the precinct in which the 
election district is located or to an 
officer thereof, and such police cap¬ 
tain or commanding officer of such 
precinct shall immediately cause an 
investigation of the truth of such affi¬ 
davit to be made, and if such investi¬ 
gation shall prove the same to be false 
in any particular affecting the right of 
the challenged person to register or 
vote, the said officer shall deliver the 
same to the district attorney of the 
county, together with the evidence of 
the falsity of such affidavit and the 
district attorney shall forthwith pre¬ 
sent the same to the grand jury of 
such county. In election districts out¬ 
side of cities such affidavit shall be 
delivered by the inspectors to the sher¬ 
iff of the county, who shall proceed 
in like manner. Copies of all such 
challenge affidavits shall be mailed by 
the police or sheriff forthwith at the 
close of each day of registration to 
the state superintendent of elections, 
who shall proceed in like manner. 

-[As amended by chap. 649, Laws of 
1911, and chap. 678, Laws of 1915.] 

Disposition of challenge affidavits. 

Sec. 172. At the close of the last day 
of registration the inspectors shall file 
the book of stubs and unused challenge 
affidavits with the officer from whom it 
was received by the inspectors and such 
officer shall preserve it in his office. 

The officer or board with whom the 
original challenge affidavits or copies 
thereof are filed may destroy the same 
six months after the date of the election 
for which they were made, except those 
which are to be used in any criminal 
prosecution. 

Entry requiring challenge by In¬ 
spectors. 

Sec. 173. If, at a meeting of the board 
of inspectors for registration, any voter 
shall, upon oath, declare that he has 
reason to believe that any person on the 
register of voters will not be qualified to 
vote at the election for which the reg¬ 
istration is made, the board of inspectors 
shall place the words “to be challenged” 
opposite the name of such person, and 
when such person shall offer his vote at 
such election, the general oath as to 
qualifications shall be administered to 
him, and if he shall refuse to take such 
oath he shall not be permitted to vote. 

Production of naturalization papers. 

Sec. 174. It shall be the duty of every 
naturalized citizen before being regis¬ 
tered to produce to the inspectors, if any 
inspector shall require, his naturaliza¬ 
tion papers or a certified copy thereof for 
their inspection, and to make oath before 
them that he is the person purporting 
to have been naturalized by the papers 
so produced, unless such citizen was nat¬ 
uralized previous to the year eighteen 
hundred and sixty-seven. If, however, 
such naturalized citizen can not for any 
reason produce his naturalization papers, 
or a certified copy thereof, the board of 
inspectors, or a majority of such board 
may place the name of such naturalized 
citizen upon the register of voters upon 
his furnishing to such board evidence 
which shall satisfy such board of his 
right to be registered. 

Persons excluded from the suffrage. 

Sec. 175. No person who shall receive, 
accept, or offer to receive, or pay, offer 
or promise to pay, contribute, offer or 
promise to contribute to another, to be 
paid or used, any money or any other 
valuable thing as a compensation or re¬ 
ward for the giving or withholding a vote 
at an election, or for registering or re¬ 
fraining from registering as a voter, or 


who shall make any promise to influence 
the giving or withholding any such vote 
or registration, or who shall make or be¬ 
come directly or indirectly interested in 
any bet or wager depending upon the 
result of an election, shall vote at such 
election. No person who has been con¬ 
victed of a felony shall have the right 
to register for or vote at any election 
unless he shall have been pardoned and 
restored to the rights of citizenship. 

Certification of register. 

Sec. 176. At the close of each meeting 
for the registration of voters, for a gen¬ 
eral or other election in a city, or in an 
election district wholly within a village 
having five thousand inhabitants or more, 
the inspectors shall append to each book 
of registration their certificate to the 
effect that such register as it now is, 
comprising (here insert the number) 
names, is a true and correct register of 
the names and residences of all the voters 
qualified to vote at such election in such 
district, who have personally appeared 
before the board of registration, and such 
registers so certified shall be presump¬ 
tive evidence that the names and places 
of residence contained therein are the 
names and places of residence given by 
the persons registered respectively. 

At the close of each meeting for the 
registration of voters for a general or 
other election elsewhere than in a city, 
or in a district wholly within a village 
having five thousand inhabitants or more, 
ihe inspectors shall append to each book 
of registration a certificate to the effect 
that such register as it now is, compris¬ 
ing (here insert the number) names, is 
a true and correct register of all voters 
qualified to vote at such election in such 
district who have personally applied for 
registration, or whose names the board 
was required by law to place thereon. 

Each such certificate shall be signed by 
all the inspectors, but in case one in¬ 
spector required to sign such certificate 
shall fail for any reason so to do, he 
may be required by the officer with whom 
such register is filed to sign such reg¬ 
ister at a subsequent date. In all cases 
a majority of the inspectors must sign 
such certificate at the close of each day 
of registration, 

Making- up the registers; custody 

thereof after registration. 

Sec. 177. 1. The register of voters 
made by the chairman of the board 
of inspectors shall be, and shall be 
known as, the public copy of registra¬ 
tion, Such public copy shall be left 
in a prominent position in the place of 
registration from the first day of reg¬ 
istration until election day, and shall 
at all reasonable times be open to pub¬ 
lic inspection and for making copies 
thereof. When the place of registra¬ 
tion is in a school house, or other 
public building, authorized to be so 
used under subdivision three of sec¬ 
tion two hundred and ninety-nine, 
such public copy shall be left in the 
| custody of the janitor or some other 
person in charge of the building, who 
shall be responsible therefor, and a 
notice shall be kept publicly posted 
stating how inspection thereof is to be 
obtained. 

2. Each other inspector shall care¬ 
fully preserve his register of voters 
and shall be responsible therefor, until 
the close of the canvass of the votes 
on election day, except as hereinafter 
provided for in cities of the first class. 

3. At the close of each day of reg¬ 
istration the inspectors shall draw a 
line in ink immediately below the 
name of the voter last entered upon 
each page of each such register. Upon 
the succeeding day of registration, they 
shall enter the names of voters in the 
alphabetical order of the first letter of 
the surname below the line so drawn 
upon the proper page after the close 
of the previous day of registration. 

4. Upon the close of the last day of 
i registration, the inspectors shall again 


carefully compare all the books of 
registration, to see that they are iden¬ 
tical as to their contents, and shall 
certify as a board in the proper place 
provided therefor upon each such reg¬ 
ister that such register is a true and 
correct register of persons registered 
by them in such district for the next 
ensuing election, and shall state the 
whole number of such persons so reg¬ 
istered. [As amended by chap. 678, 
Laws of 1915.] 

Custoily and filing: of registers after 

registration in cities of first class. 

Sec. 178. In cities of the first class, at 
the close of the last day of registration, 
the chairman of the board of inspectors 
shall take from an inspector of opposite 
political faith from himself, the register 
of voters made by such inspector, and 
deliver it to the police, who forthwith 
shall file the same, if in the city of New 
York, with the board of elections in the 
borough of Manhattan, and with the chief 
clerk of the branch office of the board of 
elections in each other borough, and if 
in any other city, with the commissioner 
of elections. Such registers so filed shall 
be a part of the records of the offices 
in which they are filed. The two other 
inspectors of opposite political faith from 
each other shall retain their respective 
registers of voters for use on election 
day. All registers of voters shall at all 
reasonable hours be accessible for publio 
examination and making copies thereof, 
and no charge of any kind shall be made 
for such examination or for allowing 
any voter to make a copy thereof. In 
cities of the first class the public copy 
of registration shall be used, if necessary, 
on election day by the inspector whose 
register was filed by the chairman as 
herein provided. 

Certifying change* In registers. 

Sec. 179. If, in cities, the board of in* 
spectors shall meet on the second Satur¬ 
day before the election for the purpose 
of revising and correcting the register of 
voters in pursuance of an order of the 
supreme court, a justice thereof or a 
county judge, as provided in section one 
hundred and fifty-three of this article, 
the inspectors shall certify forthwith to 
the officer with whom the copy of the 
register is filed the change or changes 
made upon such register in pursuance of 
such order. At any revision of registra¬ 
tion for an election other than a general 
election, the quadruplicate register of 
voters for the last preceding general 
election shall be furnished to the inspec¬ 
tors of election by the officer or board 
having the custody thereof, and the in¬ 
spectors shall certify to the officer or 
board in cities of the first class with 
whom the registers are filed the changes, 
additions or alterations made in such reg¬ 
isters for such election. 

Custody of registers after election, 1 

Sec. 180. At the close of the canvass 
of the votes of any election, or within 
j twenty-four hours thereafter, the two 
copies of the register of electors used 
by the inspectors and the public copy 
thereof shall be filed with the board 
of elections of the county in -which the 
election district is located and in the 
city of New York with the office lo¬ 
cated in the borough of Manhattan, 
and with the chief clprk of the branch 
office of the board of elections in each 
other borough of the city of New York. 
It shall be the duty of the officers with 
whom such registers of election dis¬ 
tricts are filed, to forthwith file one 
copy of such register for each election 
district with the state superintendent 
of elections. Such register of electors 
shall be carefully preserved for use at 
any election which may be ordered or 
held in either of such counties or 
cities, respectively, prior to the next 
ensuing general election at which they 
may be required. 

-[As amended by chap. 649, Laws of 
1911, and chap. 678, Laws of 1915.] 












Eagle Library-THE ELECTION LAW OF THE STATE OF NEW YORK 


33 ^ 


Certifying number of registered elec- 

( tors. 

Sec. 181. At the close of registration 
on.the last day the board of inspectors 
shall upon blanks furnished by the 
secretary of state forthwith certify and 
ft.le with or mail to the officer or board 
charged with the duty of furnishing 
ballots to such district and to the state 
superintendent of elections the total 
number of electors registered in such 
district. The inspectors of each dis¬ 
trict shall also furnish to the same of¬ 
ficials in like manner at the close of 
ealch day of registration the total num¬ 
ber of electors registered on such day 
in. their respective districts. The chair¬ 
man of the board of inspectors of elec¬ 
tion of each district shall also forth¬ 
with at the close of each day of regis¬ 
tration; file with or mail to the state 
ruperintendent of elections a certifi¬ 
cate showing the total number of 
voters registered therein in the respec¬ 
tive election districts. 

[As amended by chap. 649, Laws of 
1911, and chap. 678, Laws of 1915.] 

Delivery of blank books for regis¬ 
tration; certification and instruc¬ 
tions. 

i Sec. 182. The secretary of state 
shall purchase whenever he deems it 
desirable for the best interests of the 
State, a suitable number of blank 
^.boyks for registers of voters, with 
blank certificates and brief instruc¬ 
tions for registering the names of 
voters therein, in the forms respect¬ 
ively provided in sections one hundred 
and fifty-four, one hundred and fifty- 
five and one hundred and fifty-six of 
this article, at least four of such books 
for each board of inspectors in the 
state, and such number of extra copies 
thereof as in his judgment may be 
necessary for each county or city to 
replace lost or damaged registers be¬ 
fore delivery to the inspectors. Such 
register of voters shall have" the 
leaves thereof indexed with the letters 
of the alphabet, beginning with the 
letter “A” for the first leaf, and so no. 
At least twenty days prior to the first 
day of registration for a general elec¬ 
tion in each year, the secretary of 
state shall transmit a sufficient num¬ 
ber of such registers, certificates and 
instructions to the county clerk of 
each county, except the county of Erie 
and those counties the whole of which 
is included within the city of New 
York, and to the commissioner of 
elections of the county of Erie, for the 
use of the boards of inspectors within 
his county; and to the board of elec¬ 
tions of the city of New York located 
in the borough of Manhattan, and to 
the chief clerk of the branch office 
of the board of elections in each other 
borough within the city of New York, 
a sufficient number thereof for the 
use of each board of inspectors within 
said respective boroughs. The county 
clerk or said commissioner of elec¬ 
tions, as the case may be, shall de¬ 
liver such books to the town cierks 
'of each town and to the city clerk of 
each city in such county, except the 
city of Buffalo, by mail or otherwise, 
at least five days prior to the first 
day of registration, and such town 
clerks and city clerks and the said 
board of elections and chief clerks of 
branch offices of the board of elec¬ 
tions in the city of New York, and in 
the city of Buffalo the commissioner 
of' elections, shall deliver such books 
to'the inspectors of said boroughs re¬ 
spectively before the hour set for reg¬ 
istering the names of voters on the 
first day of registration. On each day 
of registration the board of elections 
of the city of New York and in the 
city of Buffalo the commissioner of 
elections shall furnish to each board 
of inspectors in their respective cities 
blanks for the list of voters provided 
for in section one hundred and fifty- 
seven of this article._ 


Special Instructions to voters to be 

prepared for the year nineteen 

hundred and (onrteeii. 

Sec. 182-a. The secretary of state 
shall prepare and cause to be printed 
and furnished to the various boards of 
elections, in time and manner as pro¬ 
vided in section one hundred and 
eighty-two for other supplies, printed 
instructions to voters, in brief and 
concise form, explaining the differ¬ 
ence between the form of ballot used 
at former general elections and the 
form of ballot provided for in sec¬ 
tion three hundred and thirty-one of 
this chapter as amended by chapter 
eight hundred and twenty-one of the 
laws of nineteen hundred and thir¬ 
teen. and explaining the requirements 
of marking the latter ballot so that 
the voter may effectually vote for tl\e 
candidates for all offices to be filled. 
The instructions provided for in this 
section shall only be prepared and 
supplied prior to the first day of regis¬ 
tration in the year nineteen hundred 
and fourteen. The various boards of 
elections shall supply the election offi¬ 
cers in each election district within 
the jurisdiction of any such board 
where personal registration is re¬ 
quired, before the opening of regis¬ 
tration on the. first day of registra¬ 
tion, with a sufficient number of 
copies of such printed instructions to 
supply each voter with one copy. The 
delivery of such instructions shall be 
made through town and city clerks 
and otherwise as provided in section 
one hundred and eighty-two for the 
delivery, of other supplies. [As added 
by chap. 243, Laws of 1914.J 

Delivery of prevlons register* and 

poll hooks to inspectors. 

Sec. 183. Each town clerk with whom 
the register of the last preceding gen¬ 
eral election in any election district, else¬ 
where than in a city or wholly within a 
village having five thousand inhabitants 
or more, shall have been filed, shall 
cause such register and one of the poll 
books to be delivered- to the board of 
inspectors of such district at the open¬ 
ing of its first meeting for the registra¬ 
tion for any election. 

If a new election district shall have 
been formed in a town since such gen¬ 
eral election, the clerk of such town 
shall, before the first meeting for reg¬ 
istration thereafter in such new election 
district, make a certified copy of each 
register for such general election of each 
election district out of which such new 
district shall have been formed, and shall 
cause such certified copy to be delivered 
to the board of inspectors of such new 
election district at the opening of such 
j meeting for registration. Such board, at 
1 such meeting, shall place upon the reg¬ 
ister of voters all persons whose names 
are upon such copies who are qualified 
to vote in such election district at the 
election for which such meeting is held, 
except the names of persons who are re¬ 
quired to personally appear for registra¬ 
tion. 

If a new election district shall have 
been formed in a city since such general 
election, the clerk or board with whom 
the register of voters for such last pre¬ 
ceding general election shall have been 
filed shall, before the meeting of the 
inspectors of election of such new dis¬ 
trict for registration for any other elec¬ 
tion, make a certified copy of each reg¬ 
ister of voters for such last preceding 
general election of each election district 
out of which such new election district 
is formed, and the inspectors of such new 
election district snail, at such meeting 
for registration for such election, place 
upon the register of voters the names of 
all persons upon such copies who are 
qualified to vote in such election district 
at the election for which such meeting 
is held. 

Penalties. 

Sec. 184. Any applicant for regis¬ 
tration, inspector or other person who 


shall incorporate or cause to be in¬ 
corporated any false statement in any 
challenge affidavit shall be deemed 
guilty of perjury. 

Except as provided in this article 
any person who shall wilfully sup¬ 
press. alter, destroy or mutilate any 
signed challenge affidavit or official 
copy thereof shall be deemed guilty 
of a felony. 

Any person knowingly taking a 
false oath before the board of in¬ 
spectors shall upon conviction thereof 
be punished as for wilful and corrupt 
perjury. 

Any person who shall alter, muti¬ 
late, destroy or remove from the place 
of registration the public copy of 
registration shall be guilty of a felony, 
and shall be punished upon conviction 
thereof by imprisonment in a state 
prison for not less than two nor more 
than five years, unless otherwise pro¬ 
vided by law. 

Any person who signs and mails or 
delivers to the custodian of primary 
records an enrollment blank as pro¬ 
vided in this chapter, which shall be 
false in any respect or with intent to 
mislead, or any person who induces 
or attempts to induce any person so 
to do, is guilty of a misdemeanor. The 
fact that such statement is untrue 
shall be prima facie proof that it is 
false and intended to mislead. 2 

Any person who shall make, sign, 
file or cause to be filed, certify or at¬ 
test any false application for regis¬ 
tration as required by sections one 
hundred and fifty-eight and one hun¬ 
dred and fifty-nine of this chapter, or 
any person who shall alter, mutilate, 
destroy or remove any such applica¬ 
tion from the place of registration, 
shall be guilty of a felony and shall 
bo punished upon conviction thereof 
by imprisonment in a state prison for 
not less than two years nor more than 
five years, unless otherwise provided 
by law. [As amended by chaps. 687 
and 820, Laws of 1913.] 


ARTICLE 7. 

11 BOARD OF ELECTIONS. 

Section 190. Boards of elections es¬ 
tablished. 

191. Appointment, term and 

qualifications of com¬ 
missioners of elections. 

192. Organization of board; 

rules and reports. 

193. Salaries of commission¬ 

ers of elections. 

194. Recommendations for 

appointment of com¬ 
missioners of elections. 

195. Filling vacancies in 

board. 

19 6. Bi-partisan character of 
board. 

197. Appointments of em¬ 

ployees. 

198. General office and 

branches. 

199. Duty of police to aid 

board of elections. 

24)0. Expenses of board of 
elections. 

201. Disposition of registers 

and unused ballots. 

202. “Custodian of primary 

records. 

203. “Official seal 

204. “Filing statement of 

canvass, tally sheets 
and poll-books. 

205. “Notices. 

206. “Transfer of records; 

devolution of powers. 

207. “Office hours, rules and 

regulations of boards of 
elections. 

208. “All records to be pub- 


“Title of article amended by chap. 641, 
Laws of 1911. 

12 Sectlons 202 to 208, Inclusive, added by 
chap. 649, Laws of 1911. 


















Eagle Library—THE ELECTION LAW OF THE STATE OF NEW YORK 


f 84 


lie; records of transac-j 
tions of the boards of! 
elections. 

“Boards of election* established. 

Sec. 190. There shall be a board of 
elections in every city of the first class 
In this state which does, or shall, con¬ 
tain within its boundaries more than 
one county, to consist of four persons. ! 
There shall be a board of elections in 
each of the other counties of the 
state, but in counties having a popu¬ 
lation of less than one hundred and 
twenty thousand inhabitants such 
board shall consist of two persons. In 
other counties of the state such board 
shall consist of two or four members 
as the board of supervisors of the 
county may by resolution determine. 
In every such other county where I 
four commissioners of election have 
been appointed and the number of 
said commissioners is reduced to two, j 
the board of supervisors shall within 
sixty days after this amendment takes 
effect reduce the number of commis¬ 
sioners to two by designating the two 
who are to continue; and from the 
time of such designation the offices 
of the others shall be deemed abol¬ 
ished. Except in the city of New 
York the salaries of such commis¬ 
sioners and their expenditures for 
clerk hire shall be fixed by the board 
of supervisors of each county, but 
shall not exceed the following 
amounts: In each county having a 
population of less than ninety thou¬ 
sand and which does not contain 
within its boundaries at least three 
cities of the third class the salary of 
a commissioner shall not exceed one 
thousand dollars, and the expenditure 
for clerk hire, including stenographer, 
each year, shall not exceed fifteen 
hundred dollars. In each county hav¬ 
ing a population of less than ninety 
thousand and containing within its 
boundaries at least three cities of the 
third class and in each county having 
a population of ninety thousand and 
less than one hundred and twenty 
thousand the salary of a commission¬ 
er shall not exceed fifteen hundred 
dollars, and the expenditure for clerk 
hire, including stenographer, each 
year, shall not exceed three thousand 
dollars each year. In each county 
having a population of one hundred 
and twenty thousand and less than 
five hundred thousand the salary of a 
commissioner shall not exceed three 
thousand dollars, and the expendi¬ 
ture for clerk hire, including stenog¬ 
rapher each year, shall not exceed 
five thousand dollars. In each county 
having a population of five hundred 
thousand and less than a million the 
salary of a commissioner shall not ex¬ 
ceed three thousand dollars. The 
population of the various counties of 
the state referred to in this section 
shall be fixed and determined accord¬ 
ing to the latest preceding federal 
census, or state enumeration. Not 
more than two of such commissioners, 
if the board of elections consist of 
four members, and not more than one 
of such commissioners if said board 
consists of two members, shall be¬ 
long to the same political party or be 
of the same political opinion on state 
or national politics. The persons com¬ 
posing such boards of elections shall 
be designated "commissioners of elec¬ 
tions.” Each of the said boards of 
elections shall be and is hereby j 

’ s Section 4 chap. 406, Laws of 1912. also 1 
provides as follows: "In any county In 
which the number of the commissioners con¬ 
stituting: the board of elections is reduced 
by the provisions of this act. the board 
of supervisors shall, within thirty days after 
This act takes effect, designate the two 
members of such board of opposite political [ 
iaith who shall retire therefrom. Upon the 
adoption of a resolution to that effect, the 
terms of office of such retiring members 
■hall cease and determine and the remain¬ 
ing members shall thereafter constitute, 
until the expiration of their terms, the 
board of elections of such county.”. _ 1 


charged with the duty of executing 
the laws relating to all elections held 
within their respective cities or coun¬ 
ties, except as otherwise provided by 
law. [As amended by chaps. 649 and 
740, Laws of 1911, chap. 406, Laws of 

1912, chaps. 800 and 820, Laws of 

1913. ] 

Appointment, term and qualifica¬ 
tions of commissioners of elec¬ 
tions. 

Sec. 191. All commissioners of elec¬ 
tions shall be appointed by the board 
of supervisors of the county in which 
such board of elections is located and 
in the city of New York by the board 
of aldermen of such city. The super¬ 
visors of each county and the mem¬ 
bers of the board of aldermen of the 
city of New York shall appoint the 
commissioners of elections for their 
respective counties and the city of 
New York. Such appointment shall 
be evidenced by the supervisors of 
each county or the board of aldermen 
of the city of New York making such 
appointments, executing a certificate 
substantially as follows: 

"We, the undersigned, comprising: 

the supervisors of.county (the 

members of the board of aldermen of | 
the city of New York) do hereby, 
pursuant to the election law, appoint 
.residing at.. a com¬ 
missioner of elections for said county. 

"In witness whereof we have here¬ 
unto subscribed our names and the 
towns or wards (aldermanic districts) 

we represent, this . day of 

. 19....” 

and shall acknowledge said certificate. 
Said certificate shall thereupon be 
filed in the office of the county clerk 
of said county and said county clerk 
shall immediately upon such filing 
notify the secretary of state of such 
appointments. All such appointments 
shall be for the full term of two 
years, beginning at twelve o’clock 
noon of January first in each odd 
numher eel year.' • 

Each of the said commissioners of 
elections shall be at the time of his 
appointment a resident and an elector 
of the political subdivision for which 
he is appointed. A commissioner of 
elections may, while holding such of¬ 
fice, hold one of the following offices: 
Notary public, commissioner of deeds, 
police justice of a village, trustee or 
officer of a common or union school 
district outside of a city, justice of 
the peace of a town, and any other 
office filled by election or appointment 
within or for a town or village, or 
district or subdivision of either, ex¬ 
cept supervisor, town clerk, inspector 
of election, poll clerk or ballot clerk. 
Such commissioner shall not hold, 
while he is commissioner, any other 
office, except as above provided; nor 
shall he be a candidate, while he is 
commissioner, for any elective office 
which he would not be entitled to hold 
under the provisions of this section, 
nor after he has ceased, by resignation 
or otherwise, to be commissioner, if 
the election shall occur within fifty 
days therefrom, and any votes cast i 
for any person for any such office who 
shall have been a commissioner of ] 
elections within fifty days of the elec- ! 
tion at which such votes were cast [ 
shall be void and shall not be counted, i 
except that such commissioner may j 
be a candidate for the office of su- 1 
pervisor or town clerk while he is 
commissioner, and at any time there- l 
after, subject to the ensuing provi¬ 
sions of this section. Any votes cast 
for a person for either of such offices 
who shall have been a commissioner 
of elections, and who shall have re¬ 
signed from or otherwise ceased to 
hold the office of commissioner at 
least fifteen days before the election at 
which such votes were cast shall be 
valid and shall be counted. 

A commissioner of elections may be 


removed from office by the governor 
for cause in the same manner as a 
sheriff. Any vacancy in the office of 
commissioner of elections shall be 
filled by the supervisors of such coun¬ 
ty or in the city of New York by the 
members of the board of aldermen 
within five days after the filing of the 
certificate provided for in section one 
hundred and ninety-five of this act, 
and the person appointed to fill such 
vacancy shall hold office during the 
remainedcr of the term of the com¬ 
missioner in whose place he was ap¬ 
pointed. [As amended by chap. 649, 
Laws of 1911, and chap. 820, Laws of 
1913.] 

Organization of board; rnles and re¬ 
port*. 

Sec. 192. At their first meeting the com¬ 
missioners of elections shall organize as 
a bogrd by electing one of their number 
as president and one as secretary, and 
in case no election can be had the mem¬ 
bers shall draw lots for such places. The 
board shall have power to adopt such 
rules and regulations for the control and 
conduct of the affairs of such board and 
of its employees as are not inconsistent 
with or in violation of law. The board 
shall keep a record of its proceedings 
and shall make an annual report in the 
month of December of the affairs and 
proceedings of said board to the mayor 
of the city of New York or to the board 
of supervisors of a county. The presi¬ 
dent and secretary shall not belong to 
the same political party. [As fa mended 
by chap. 649, Laws of 1911.1 

’♦Salaries of Commissioners of Elec¬ 
tions. 

Sec. 193. The salary of each com¬ 
missioner of elections in the city of 
New York shall be five thousand dol¬ 
lars a year, payable in equal monthly 
instalments. The salaries of all other 
commissioners of elections shall be 
fixed by the board of supervisors ap¬ 
pointing said commissioners and may 
be changed from time to time by resi- 
lution of the said board of supervi¬ 
sors, but shall not exceed the amounts 
specified in section one hundred and 
ninety. [As amended by chap. 649, 
Laws of 1911, chap. 406. Laws of 
1912, and chap. 800, La\vs of 1913.] 

Recommendations for appointment 

of commissioners of elections. 

Sec. 194. Within ten days after 
this act takes effect and at least five 
days before the first day of January 
in each odd numbered year, the re¬ 
spective chairmen of the county com¬ 
mittees within the counties of New 
York and Kings and the respective 
chairmen of the county committees of 
all the other counties in the state ex¬ 
cepting the counties of Bronx, Queens 
and Richmond of each of the two po- 
litcal parties which at the general 
election last preceding the date of 
such certificate cast the highest and 
the next highest number of votes for 
governor, shall each respectively 
make and file or cause to be filed in 
the case of the counties of New York 
and Kings with the board of aider- 
men of the city of New York, and in 
the case of each of the other coun¬ 
ties with the board of supervisors of 
such county a certificate in substan¬ 
tially the following form, each cf which 
certificates shall certify the name of 
a person who is a resident and quali¬ 
fied voter in the case of the counties 
of New York and Kings of the city 
of New York, or in the case of the 
other counties a resident of such coun¬ 
ty, and who is recommended as a fit 
and proper person to be appointed a 

commissioner of elections: "I, . 

. chairman of the county 

committee of the .*. 

party, for the county of.” 

do hereby, ir. accordance with the 

’♦See note at foot of page 32 relative to § 4, 
chap. 406, Lawa of 1912, 


























Eagle Library—THE ELECTION LAW OF THE STATE OF NEW YORK 


35 


provisions of section one hundred and 
ninety-four of the election law, cer -1 
tify that in the opinion of a majority , 
of the said committee, pursuant to 

resolution duly adopted. 

•-, a resident and qualified elec¬ 
tor of the borough of .. city 

of New York, or of the county of 

.is a fit and proper person 

to be appointed a commissioner of 
elections, and do hereby recom¬ 
mend him for appointment to said 
office. In witness whereof, I have 
made and executed this certificate, 
this . day of. 19. ..” 

Each of such certificates shall be 
duly acknowledged by the person ex¬ 
ecuting the same, before a notary 
public or other officer authorized to 
take acknowledgments to deeds for 
record In this state. [As amended by 
chap. 649, Laws of 1911, and chap. 
820, Laws of 1913.] 

Filling vacancies in board. 

Sec. 195, If at any time a vacancy 
arises in the office of commissioner of 
elections, through death, resignation, re¬ 
moval or inability to serve, the chairman 
of the county committee of the political 
party to which the commissioner creat¬ 
ing such vacancy belonged, and if such 
vacancy arise in the office of commis¬ 
sioner of elections for New York city 
and if the commissioner creating such 
vacancy was a resident of the borough 
of Manhattan or of the borough of the 
Bronx of said city the chairman of the 
county committee of New York county of 
the political party to which the commis¬ 
sioner creating such vacancy belonged 
and if the commissioner creating such 
vacancy was a resident of any other 
borough of said city, the chairman of the 
county committee of Kings county of the 
political party to which the commission¬ 
er creating such vacancy belonged, shall 
make and file or cause to be filed with 
the board of supervisors of the county 
in which such vacancy arises or if such 
vacancy arises in the board of elections 
of New York city, then with the board of 
aldermen, a certificate in substantially 
the form and executed and acknowledged 
as above provided, certifying and recom¬ 
mending the name of a person who is a 
resident and qualified voter of such 
county or city wherein such vacancy 
arises, as a fit and proper person to be 
appointed a commissioner of elections 
for the unexplred term of the commis¬ 
sioner creating such vacancy. [As 
amended by chap. 649, Laws of 1911.] 

Bi-partisan character of hoard. 

Sec. 196. Each and every certifi¬ 
cate filed with the board of super¬ 
visors or the board of aldermen in 
pursuance of the provisions of this 
article, shall be kept by the board 
with which the same is filed in some 
safe and secure place in the office of 
the clerk of said board, and shall be 
a public record open at all reason¬ 
able hours to the inspection of any 
person who may desire to see the 
same, it being the intention of this 
article, and said intention is hereby 
declared, to secure in the appoint¬ 
ment of the members of the board of [ 
elections established by this article, i 
and the employees thereof, equal rep- j 
resentation of the two political par- j 
ties which at the general election next 
preceding such appointment cast the 
highest and the next highest number ; 
of votes for governor, and of which j 
the committees and chairman of com- ! 
mittees have been duly elected as such 
under and in pursuance of the provi- j 
sions of article three of this chapter 
relating to primary elections. [As 
amended by chap. 649, Laws of 1911, 
and chap. 820, Laws of 1913.j 

‘•Appointment of employees. 

Sec. 197. Every board of elections 
•hall have power to fix the number, 

l8 See note at foot of page 34 relative to § 4, 

Chap. 406, Laws of 1912. ___ 


salaries, duties and rank of its chief 
clerks, clerks, assistant clerks and 
stenographers and to appoint and re¬ 
move at pleasure and to fix the sal¬ 
aries of all employees of said board, 
but not in excess of the amounts spe¬ 
cified in section one hundred and 

ninety; except that in a county hav¬ 
ing a population of less than ninety 
thousand the board may have one 
clerk only and his salary shall not ex¬ 
ceed nine hundred dollars per an¬ 
num, nor shall the aggregate expendi¬ 
ture for such clerk hire and for 

stenographer exceed the amount spe¬ 
cified in section one hundred and 

ninety. [As amended by chap. 649, 
Laws of 1911, chap. 406, Laws of 

1912, and chaps. 800 and 820, Laws of 

1913. ] 

General office and branches. 

Sec. 198. The board of elections in the 
city of New York shall have power to 
provide and maintain an office for such 
board in the borough of Manhattan which 
shall be the headquarters of said board, 
and to furnish the same with necessary 
furniture and office fixtures, and shall 
also provide, maintain and furnish an 
office in each other borough of the city 
of New York and shall place the same iu 
the charge of a competent person. Said 
board of elections shall have full and 
complete control of the said branch of¬ 
fices of the board of elections and of all 
the offices, employees, affairs and admin¬ 
istration of said branch offices. 

■ In each county tho board of super¬ 
visors or other body or official charged 
with the duty of providing public offices 
shall provide the said board of elections 
for said county with proper and suitable 
offices. The expenses for said offices shall 
be a part of the expenses of said board 
of elections. [As amended by chap. 649, 
Laws of 1911.] 

Duty of police to aid board of elec¬ 
tions. 

Sec. i99. It shall be the duty of the 
i commissioner of police and the officers 
and members of the -police force^ wlien- 
j ever called upon by the board of elec¬ 
tions, to render to said board all prac¬ 
ticable assistance in the enforcement of 
tliis chapter, including the use of the po- 
I lice telephone service. The commission- 
j er of police shall detail to the service of 
the board of elections upon its written 
request such patrolmen and other mem¬ 
bers of the police force as may be neces¬ 
sary from time to time for the faithful 
performance by said board of its func¬ 
tions and duties. All copies of police 
reports to commanding officers of 
cincts under section one hundred and 
fifty-seven of this chapter, shall be forth¬ 
with transmitted by the precinct com¬ 
mander to the board of elections. All 
statements of canvass delivered to any 
officer in command of a preciuct under 
section three hundred and seventy-two 
of this chapter shall be forthwith trans¬ 
mitted by such precinct commander to 
the board of elections to be by them 
preserved with the same force and effect 
as if preserved by the police. 

Expenses of board of elections. 

Sec. 200. All sums necessary to pay the 
expenses of the board of elections of the 
city of New York, including the salaries 
of the commissioners of elections, chief 
clerks, clerks, assistant clerks and other 
employees, and to meet and defray the 
charges and expenses of all elections law¬ 
fully held in the city of New York or in 
any territory included therein, shall be 
a charge against the said city, and shall 
upon proper certificates and vouchers be 
paid in the same manner as other ex¬ 
penses and charges against the said city 
are by law provided to be paid. Said 
charges and expenses, as estimated, shall 
be included in the annual budget of said 
city each year and in the yearly taxes 
levied upon the estates, real and per¬ 
sonal, in the city of New York. 

The board of elections in each county, 


excepting those counties comprising th« 
city of New York, shall on or before 
the fifteenth day of December in each 
year certify to the clerk of the board of 
supervisors creating said board of elec¬ 
tions the total amount of the expenses 
of said board of elections, including 
salaries, for the preceding year, and, if 
the board of supervisors of any county 
shall so direct, shall certify to said clerk 
the portions of said expenses which un¬ 
der provisions of law are to be borne 
by any city or cities in said county, and 
(lie portion thereof which is to be 
borne by the rest of said oounty, and 
the said clerk of the hoard of supervisors 
shall thereupon notify the proper local 
official or officials, who, in spreading 
upon the assessment-rolls the taxes to be 
levied upon the taxable property in the 
city, or any of the said cities, and in 
the rest of the county, shall Include in 
the amount eo spread the amounts cer¬ 
tified by the said board of elections to 
be borne by the said city or cities, re¬ 
spectively, and in the amount spread upon 
the assessment-rolls of the taxable prop¬ 
erty in the several towns or other po¬ 
litical subdivisions of the rest of the 
county the amount so certified by said 
board of elections to be borne by the 
said towns or political subdivisions re¬ 
spectively. [As amended by chap. 649, 
Laws of 1911.] 

Disposition of registers and nnnsed 

ballots. 

Sec. 201. The board of elections of the 
city of New York is hereby authorized 
and directed, not less than two years 
after each election, to sell or destroy 
all registers of voters in the possession 
of such board; provided, that one copy 
of such register of voters for each elec¬ 
tion district shall be excepted and pre¬ 
served by such board from such sale or 
destruction. The board of elections is 
also authorized to sell to the highest 
I bidder the unused ballots furnished for 
the last preceding election, but such un¬ 
used ballots shall not be sold until at 
least six months after the election for 
which thev were provided. All moneys 
realized by sales under this section shall 
be paid over to the proper fiscal officer 
of the city of New York to the credit of 
the account of the board of elections. 

Custodian of primary records. 

Sec. 202. The board of elections shall 
be the custodian of primary records for 
each political subdivision for which such 
board is appointed. The board of elec¬ 
tions for New York city shall also be 
the custodian of primary records for the 
several counties in said city. [Added by 
chap. 649, Laws of 1911.] 

... .. .. 

Official seal. 

Sec. 203. Each board of election Is 
hereby authorized to adopt an official 
seal which shall be provided at the ex¬ 
pense of the city or county for which 
said board of elections is appointed, and 
shall cause a description of said seal 
with impressions from it to be filed in 
the office of the county cleric of said 
county and of the secretary of state. Such 
( description of the official seal of the 
board of elections of New A r ork city shall 
be filed in the office of the county cl«r* 
of each county in said city. [Added by 
chap, 6-19, Laws of 1911.] 

Filing statement of canvass, tsft? 

sheets and poll-books. 

Sec. 204. All statements of canvass, 
tally sheets and poll-books, void and 
protested ballots, and any and all other 
packages and documents required by lav 
to be filed by the inspectors, except ce,£ 
titled copies of statements of canvass, 
ballot lists and tally sheets which are re¬ 
quired by law to be filed with the county 
clerk shall be filed with the board of 
elections of said county or, in the city 
of New York, with tho board of elections 
of said city. In the city of New Tork 
the said statements, documents and pack¬ 
ages shall he filed in the branch 























r 36 


Eagle Library—THE ELECTION LAW OF THE STATE OF NEW YORK 


\ 


in each borough. [Added by chap. 649, 
Laws of 1011.] 

Notices. 

Sec. 205. All notices of elections to 
which this chapter applies which are re¬ 
quired by law to be published, adver¬ 
tised or posted in any county or any 
political subdivision thereof or therein 
shall be published, advertised or posted 
by the custodian of primary records of 
said county or of the city of New York. 
[Added by chap. 649, Laws of 1911.] 

Transfer of records? devolution of 
powers. 

Sec. 206. All books, documents, papers, 
records and election appliances or appur¬ 
tenances held or used by or under the 
control of any officer or officers of any 
county or of any political subdivision 
thereof or therein, relating to or used 
in the conduct of general, special or 
primary elections, shall upon the request 
of the board of elections hereby created 
be transferred to the care, custody and 
control of such board of elections; and 
the said board of elections in any such 
county shall be charged with the duty 
of performing each, every and all of the 
duties which now devolve upon the 
county clerk or commissioner of elec¬ 
tions of said county, relating to elec¬ 
tions, excepting that the county clerk 
of each county shall continue to be the 
secretary of the board of county can¬ 
vassers. In the city of New York the 
board of elections hereby created shall 
continue to exercise the same powers 
and duties as are now exercised by tne 
board of elections in said city, excepting 
as may be provided for in this chapter. 
All books, documents, papers, records 
and election appliances held or used by 
any commissioner or commissioners of 
election, in any county whose powers and 
duties are terminated by the repeal of 
any provision of this chapter shall be im¬ 
mediately transferred to the board of 
elections for such county. [Added by 
chap. 649, Laws of 1911.] 

Office honra, rules and regulations of 
boards of elections. 

Sec. 207. The offices of each board of 
elections shall be public and open dur- 
8ng every business day of the year. The 
■board of elections in each county shall 
designate the hours when said offices 
shall open and close. Each board of 
elections may adopt its own rules and 
regulations for the transaction of its 
business. [Added by chap. 649, Laws of 
1911.] 

All records to be public? records of 
transactions of the boards of elec¬ 
tions. 

Sec. 208. All the records in the office 
of the board of elections shall be public 
and open for inspection by any citizen 
of the state of New York during the 
hours when the said office shall be open, 
and the said board of elections shall pro¬ 
vide ample and sufficient facilities for 
keeping said records and making copies 
of the same. 

Each board of elections shall keep a 
record of its proceedings, which shall be 
publio and transcribed in a book or 
books within twenty-four hours, after the 
adjournment of said board. Minutes of 
all meetings of the board of elections 
shall show how each commissioner of 
elections voted upon any resolution or 
motion proposed at said meeting of the 
board. [Added by chap. 649, Laws of 
1911.] 

'****" 9 1 ARTICLE 8. 

'Vies, places, notices, offi¬ 
cers AND EXPENSES OF 
ELECTIONS. 

^ction 290. Date of general election. 

291. Time of opening and 
closing polls. 

'As renumbered by chap. 800, Laws of 1913. 


292. Filling vacancies in elect¬ 

ive offices. 

293. Notice of elections. 

294. Notice of submission of 

proposed constitutional 
amendments or other 
propositions or ques¬ 
tions. 

295. Publication of concurrent 

resolutions, proposing 
constitutional amend¬ 
ments and other propo¬ 
sitions. 

296. Creation, division and al¬ 

teration of election dis¬ 
tricts. 

297. Abolition, consolidation 

or changing of election 
districts in towns. 

298. Maps and certificates of 

boundaries of election 
districts. 

299. Designation of places for 

registry and voting. 

300. Equipment of polling 

places. 

300-a. '“Display of American 
flag. 

301. Publication of list of 

registration and polling i 
polling places. 

302. Election officers; desig¬ 

nation, number and 
qualifications. 

303. Appointment of election 

officers in cities. 

304. Authentication of party 

lists, 

305. Examination as to quali¬ 

fications. 

306. Party election in the city 

of New York. 

307. Oath of office; certificate 

of appointment. 

308. Removals; vacancies; 

transfers. 

309. Certificates of service; 

exemption from jury 
duty; payment. 

310. Special penalties. 

311. Appointment of inspect¬ 

ors of election in towns, 
w* .-312. Appointment of . poll 
clerks and ballot clerks 
in towns. 

313. Supplying vacancies and 

absences. 

314. Organization of boards of 

inspectors. 

315. Preservation of order by 

inspectors. 

316. Ballot boxes. 

317. Voting booths and guard¬ 

rails. 

318. Apportionment of elec¬ 

tion expenses. 

319. Fees of election officers 

and others. 

.. 320. Delivery of election laws 

to clerks, boards and 
election officers. 

Date of general election. 

Sec. 290. A general election shall be 
held annually on the Tuesday next suc¬ 
ceeding the first Monday in November. 

Time of opening and closing polls. 

Sec. 291. The polls of every general 
election, and, unless otherwise pro¬ 
vided by law, of every other election 
shall be opened at six o’clock in the 
forenoon and shall close at five o’clock 
in the afternoon. There shall be no 
adjournment or intermission until the 
polls are closed. Electors entitled to 
vote who are in the polling place at 
or before five o’clock in the afternoon 
shall be allowed to vote. [As amend¬ 
ed by chap. 649, Laws of 1911, and 
chap. 820, Laws of 1913.] 

Filling vacancies in elective offices. 

Sec. 292. A vacancy occurring before 
October fifteenth of any year in any office 
authorized to be filled at a general elec¬ 
tion, shall be filled at the general elec¬ 
tion held next thereafter, unless other- 


s<, New section added by chap. 783, Laws of 


■wise provided by the constitution, or un¬ 
less previously filled at a special elec¬ 
tion. Upon the failure to elect to any 
office, except that of governor or lieu¬ 
tenant-governor, at a general or special 
election, at which such office is author¬ 
ized to be filled, or upon the death or 
disqualification of a person elected to 
office before the commencement of hi» 
official term, or upon the occurrence of 
a vacancy in any elective office which can 
not be filled by appointment for a period 
extending to or beyond the next general 
election at which a person may be elected 
thereto, the governor may in Lis dis¬ 
cretion make proclamation of a special 
election to fill such office, specifying the 
district or county in which the election 
is to be held, and the day thereof, which 
shall be not less than thirty nor more 
than forty days from the date of the proc¬ 
lamation. 

A special election shall not be held to 
fill a vacancy in the office of a represen¬ 
tative in congress unless such vacancy 
occurs on or before the first day of July 
of the last year of the term of office, or 
unless it occurs thereafter and a special 
session of congress is called to meet be¬ 
fore the next general election, or be 
called after October fourteenth of such 
year; nor to fill a vacancy in the office 
of state senator, unless the vacancy oc¬ 
curs before the first day of April of the 
last year of the term of office; nor to 
fill a vacancy in the office of a member 
of assembly, unless occurring before the 
first day of April in any year, unless the 
vacancy occurs in either such office of 
senator or member of assembly after such 
first day of April and a special session 
of the legislature be called to meet be¬ 
tween such flrrt day of April and the 
next general election or be called after 
October fourteenth in such year. If a 
special election to fill an office shall not 
be held as required by law, the office 
shall be filled at the next general elec¬ 
tion. [As amended by chap. 891, Laws 
of 1911.] 

Notices of elections. 

Sec. 293. The Secretary of stats 
shall, at least two months before each 
general election, make and transmit 
to the custodian of primary records a 
notice under his hand and official seal, 
stating the day upon which such elec¬ 
tion shall be held, and stating each 
officer, except city, village and town 
officers, who may be lawfully voted 
for at such election by the electors of 
such county or any part thereof. If 
any such officer is to be elected to fill 
a vacancy, the notice shall so state. 
The secretary of state shall forthwith, 
upon the filing in his office of the 
governor’s proclamation ordering a 
special election, make and transmit to 
the custodian of primary records 
a like notice of the officers to 
be voted for at such special election in 
such county or city or any part there¬ 
of, and cause such proclamation to 
be published in the newspapers pub¬ 
lished in such county having large 
circulation therein, at least orfee a 
week until such election shall be held. 

Each custodian of primary records 
shall forthwith, upon the receipt of 
either such notice, file ana record the 
same in his office, and shall cause a 
copy of such notice to be published 
once in each week, if it relates to a 
special election, until the election 
therein specified, and otherwise twice 
in each of the two months preceding 
the election, in the newspapers desig¬ 
nated to publish election notices. They 
shall also publish, as a part of such 
notice, a list of all city, village and 
town officers who may lawfully be 
voted for at such election by the elec¬ 
tors of such county or any part there¬ 
of; and the city, village and town 
clerks of each county shall, at least 
two months before each general elec¬ 
tion, make and transmit to the cus¬ 
todian of primary records a notice un¬ 
der their respective hands and 










Eagle Library—THE ELECTION LAW OF THE STATE OF NEW YORK 


37 


official seals, stating each city, 
Village or town officer to be voted for 
at such election. They shall not pub¬ 
lish, as a part of such notice, the text 
of proposed constitutional amendments 
or other propositions or questions in¬ 
cluded in the notice of the general 
election received from the secretary of 
state under this section nor the ab¬ 
stract of such proposed amendment, 
proposition or question, included in 
such notice by the secretary of state. 
[As amended by chap. 649, Laws of 
1911, and chap. 820, Laws of 1913.] 

Notice of submission of proposed con¬ 
stitutional amendments or other 
propositions or questions. 

Sec. 294. Every amendment to the con¬ 
stitution proposed by the legislature, 
unless otherwise provided by law, shall 
be submitted to the people for approval 
at the next general election, after action 
by the legislature in accordance with the 
constitution; and whenever any such pro¬ 
posed amendment to the constitution or 
other proposition, or question provided 
by law to be submitted to a popular vote, 
shall be submitted to the people for their 


of the board of inspectors to the elec¬ 
tors applying for registration. In elec¬ 
tion districts where personal registration 
of electors is not required, after the last 
day of the registration the inspectors of 
election shall deliver to the town clerk 
all of the printed copies of such notices 
remaining in their hands and the town 
clerk shall within five days after receipt 
of the same mail a copy thereof to each 
registered elector in such town, who has 
not received such copy from the inspec¬ 
tors. The expense thus incurred shall 
be a county charge and paid accordingly. 
The inspectors of election at the time 
of making up their registry list shall in¬ 
dicate in a suitable manner the name of 
each elector to whom they have deliv¬ 
ered in person printed copies of such 
proposed amendment, proposition or 
question, and abstract. [As amended by 
chap. 446, Laws of 1910.] 

Publication of concurrent resolu¬ 
tions, proposing; constitutional 
amendments and other proposi¬ 
tions. 

Sec. 295. The secretary of state shall 
cause each concurrent resolution of 


approval, the secretary of state shall in- the two houses of the legislature 


elude in his notice of the general elec 
tion, a copy of the text of such amend 
ment, proposition or question, setting out 
all new matter in italics and inclosing in 
brackets all matter to be eliminated from 
existing law, and at the bottom of each 
"page shall be appended the words. Ex¬ 
planation—Matter in italics is new; mat¬ 
ter in brackets [] is old law to be omit¬ 
ted. In addition to the text, such notice 
shall contain an abstract of such pio-, 
posed amendment, proposition or ques¬ 
tion, prepared by said secretary with the 
advice of the attorney-general, concisely 
stating the purpose and effect thereof. If 
more than one such amendment, proposi¬ 
tion or question is to be voted upon at 
such election, such amendments, propo¬ 
sitions or questions respectively shall be 
separately and consecutively numbered. 
The clerk of each county, except the clerk 
of any county having a commissioner or 
board of elections, the commissioner of 
elections of each county wherein such 
commissioner has heen appointed.and the 
-board of elections of the city of New 


agreeing to a proposed amendment to 


the fifth Wednesday before the gen¬ 
eral election in such year, each of 
which shall be compact in form, 
wholly within the town or ward, and 
shall contain respectively as near as 
may be, three hundred voters, but no 
such ward or town shall be again di¬ 
vided into election districts until, at 
some general election, the number of 
votes cast in one or more districts 
thereof shall exceed three hundred and 
fifty; and in such Case the redivision 
shall apply only to the town or ward 
in which such district is situated. If 
any part of a city shall be within a 
town, the town board shall divide 
into election districts only that part of 
the town which is outside of the city. 
No election district including any part 
of a city shall include any part of a 
town outside of a city. 

A town or ward of a city containing 
less than four hundred voters, or an 
election district of a town containing 
less than three hundred voters may, in 
any year not later than the first day 
of July, be divided into election dis¬ 
tricts by the board or other body 
charged with such duty, to take effect 
on the fifth Wednesday before the gen¬ 
eral election in such year, when, in 


the constitution, which is referred to j the judgment of such board or body, 
the legislature to be chosen at the next i the convenience of the voters shad be 
general election of senators, to be pub- | promoted thereby. Upon the creation, 
lished once, three monthc before! division or alteration of an election 
such election, and thereafter twice in j district outside of a city, and on or 
each of the three months next preced- before September first the town board 
ing such election in two newspapers) shall appoint four inspectors of elec- 
published in each county representing j tion for each election district so cre- 
the two political parties polling the ated, divided or altered, to take effect 
highest number of votes at the then \ on or before the first day of registra- 
last preceding general election and in tion thereafter and not earlier than 
one additional newspaper publisned the Saturday following the next fall 
in each county for every one hundred j primary, who shall be equally divided 
thousand people in such county as: between the two parties entitled to 
shown by the then last preceding fed- | representation on boards of inspectors, 
eral or state enumeration. Such ad-j If the creation, division or alteration 


ditional newspapers shall be selected 
by the secretary of state with refer¬ 
ence to making such publication in 
newspapers having the largest circu- 


of an election district is rendered nec¬ 
essary by the creation, division or al¬ 
teration of a town, or ward of a city, 
such creation, division or alteration 


lation in the county in which they are shall be made immediately but shall 
published. If such resolution does not not take effect until the fifth Wednes- 


state that such proposed amendment 
is so referred to such legislature, the 
secretary of state Shall publish, in con 


IM/O i Cl 01 C lvv'llUll b LUC L J vl AXCW , , , 'i , 1 U in g oil Vl 

York shall forthwith, upon receipt of. nection with^ ^tatemem 
such notice, cause printed copies thereof j concurrent resolution, a statement 


tn ho maHfl n7 n to of reg- that such amendment is referred to 

to be made and on the first day of g th@ legislature to be chosen at the next 

general election. 


istration shall cause an adequate number 
of such printed copies to be placed in the 
places designated pursuant to the pro¬ 
visions of this act, for the meetings for 
registration and distributed therein by 
the chairman of the board of inspectors 
on each day of registration to the elec¬ 
tors applying for registration. If such 


The secretary of state shall cause 
such proposed amendment to the con 


day before the general election occur¬ 
ring next thereafter; but a new town 
or ward shall not be created, and no 
new town or ward shall be subdivided 
into election districts between the first 
day of August of any year, and the day 
of the general election next thereafter. 
If a town shall include a city, or a por¬ 
tion of a city, only such election dis¬ 
tricts as are wholly outside of the city 


stitution or other proposition or ques- | shall be deemed election districts of 


tion, which is by law to be submitted 
to the voters of the state at a general 
or special election, to be published 


the town, except for the purpose of 
town meetings. 

The board of elections of the city of 


for a like period before such election j New York and county of Erie shall di¬ 


secretary of state shall, at least twenty | j aw or proceedings authorizing 


days before the election, make and 
transmit to each county clerk, except the 
clerk of any county having a commis¬ 
sioner or board of elections, the commis¬ 
sioner of elections of each county where¬ 
in such commissioner has been appoint¬ 
ed, and the board of elections of the city 
of New York a like notice. Each county 
clerk and commissioner of elections 
aforesaid and the board of elections of 
the city of New York, shall, forthwith 


such submission, the fact that such 
submission will be made and the read¬ 
ing form in which it is to be sub¬ 
mitted. If such proposed amendment 
or other proposition or question is to 
be submitted at a special election, to 
be held less than three months from 
the time of appointing it, the first pub¬ 
lication in each newspaper shall be 
made as soon as practicable after such 
appointment, and shall continue once 


amendment, proposition or question is to | .^ newspapers selected in like man-I vide the cities of New York and Buf- 
to be submitted at a special election, tne j n together with a brief statement falo, respectively, into election dis- 

--- | I”—- ... tricts on or before the first day of 

July in any year whenever necessary 
so to do as herein provided, to take 
effect on the fifth Wednesday before 
the general election in such year. The 
election districts in the counties within 
the city of New York shall contain, so 
far as possible, three hundred and fifty 
voters, provided, however, that any 
election district containing less than 
seventy-five voters, in such counties, 
made necessary by the crossing of con¬ 
gressional lines with other political di¬ 
visions, may be consolidated with a 
contiguous election district in any year 
when no representative in congress is 
to be voted for in such district. Such 
election districts so established in the 
city of New York shall not again be 
changed until at some general election 
the number of registered voters there¬ 
in shall exceed four hundred, except 
where changes are made necessary by 
a change in the boundaries of congres¬ 
sional, senate, assembly, aldermanic or 
municipal court districts or ward lines, 
provided, however, that when the 
number of registered voters in an elec- 


upon the receipt of such notice, file and i j n eacb week to the time of the elec- 
record it in his office, and shall cause a | tj on _ [As amended by chap. 820, Laws 
copy of such notice to be published once i 9 i 3 > and chap. 244, Laws of 1914.] 
a week until the election therein speci¬ 
fied in the newspapers designated to pub¬ 
lish election notices, and in addition 
thereto on the day of registration for 
such special election, each clerk of a 
county, except the clerk of any county 
having a commissioner or board of elec¬ 
tions, the commissioner of elections of 
each county wherein such commissioner 
has been appointed and the board of 
elections of the city of New York shall 
cause an adequate number of such 
notices to be printed and placed in the 
places designated for the meeting for 
registration for such special election, 
and distributed therein by the chairman 


Creation, division and alteration of 

election districts. 

Sec. 296. Every town or ward of a 
city not subdivided into election dis¬ 
tricts shall be an election district. The 
town board of every town containing 
more than four hundred voters and 
the common council of every city ex¬ 
cept New Y'ork and Buffalo, in which 
there shall be a ward containing more 
than four hundred voters, shall, on or 
before the first day of July in each 


year, whenever necessary so to do, di- | tion district shall, for two consecutive 
vide such town or ward respectively years, be less than one hundred, such 
into election districts, to take effect on district may be consolidated with a 























r 


88 


Eagle Library—THE ELECTION LAW OF THE STATE OF NEW YORK 


contiguous election district in the dis¬ 
cretion of said board of elections. 

In the city of New York each elec¬ 
tion district shall be compact in form 
entirely within an assembly district 
and numbered in consecutive order 
therein respectively. 

No election district shall contain 
portions of two counties, or two senate 
or assembly districts. [As amended by 
chap. 244, Laws of 1914.] 

Abolition, consolidation or changing 

of election districts in towns. 

Sec. 297. If at a general election at 
which a governor is elected, the num¬ 
ber of votes cast for governor in an 
election district in any town be less 
than two hundred, the town board of 
the town may, if such town contains 
two election districts, abolish the di¬ 
vision of the town into election dis¬ 
tricts, may annex the territory of such 
district to one or more of the other 
districts therein, in such manner as 
will best promote the convenience of 
the voters; but no district shall be 
abolished pursuant to this section if 
thereby in case of the abolition of 
election districts, the number of vot¬ 
ers in the town Will exceed four hun¬ 
dred, as indicated by the last preced¬ 
ing vote for governor, or thereby in 
the case of the abolition of an election 
district and its annexation to one or 
more other districts, the number of 
voters in any new districts so created 
will exceed three hundred and fifty as 
indicated by such vote. An alteration 
of election districts, pursuant to this 
section, must be made on or before 
July first in any year, to take effect 
on the fifth Wednesday before the 
general election in such year. If the 
election districts in a town are abol¬ 
ished pursuant to this section, the 
town board shall, on or before Sep¬ 
tember first, appoint from the in¬ 
spectors of election in such town four 
inspectors of election for the town as 
an election district, to take effect on 
or before the first day of registration 
thereafter and not earlier than the 
Saturday following the next fall pri¬ 
mary, who shall be equally divided 
between the two parties entitled to 
representation on boards of inspectors. 

If a town has been divided into 
three or more election districts, and 
if at any general election at which a 
governor is elected, the number of 
votes cast for governor in any district 
in such town does not exceed two hun¬ 
dred, the town board of such town may 
on or before the first day of August 
succeeding, if it deems that the con¬ 
venience of voters will be promoted 
thereby, divide such town into such 
number of election districts, to take 
effect on the fifth Wednesday before 
the next general election, as it deems 
desirable, or change the boundaries of 
the existing districts, in such manner 
that no district shall contain more 
than three hundred voters as indicated 
by the last preceding vote for gover¬ 
nor. If, in pursuance of this section, 
the boundaries of an election district 
in such town should be changed, of 
a new election district is created, by 
the consolidation of two or more dis¬ 
tricts or parts of districts, the town 
board shall on or before September 
first appoint for each such district so 
created, or changed, four inspectors of 
election, to take effect on or before the 
first day of registration thereafter and 
not earlier than the Saturday follow¬ 
ing the n«.Tt fall primary, who shall be 
equally deified between the tv/o par¬ 
ties entitled to representation on 
boards of inspectors. Such inspectors 
of election shall hold office until their 
successors are regularly elected in 
such election districts, in pursuance of 
law. 

Nothing contained in this or the pre¬ 
ceding section, as hereby amended, 
shall be deemed to require the redis¬ 
tricting for the year nineteen hundred 
'-nd fourteen of election districts in 


any town or ward where such town or 
ward does not contain an election dis¬ 
trict having, in the city of New York, 
more than four hundred registered 
voters, and elsewhere more than three 
hundred and fifty registered voters, as 
indicated by the last preceding vote 
for governor. [As amended by chap. 
244, Law's of 1914.] 

Mupa and certificates of boundaries of 

election districts. 

Sec. 298. When a ward of a city or 
an assembly district within a city 
shall be divided into two or more 
election districts, the officers or 
board creating, dividing or altering such 
election districts shall forthwith make a 
map or description of such division, de¬ 
fining it by known boundaries, and cause 
such map or description to be kept open 
for public inspection in the office of the 
city clerk, and cause copies thereof to be 
posted not less than ten days prior to 
the first day of registration in each year, 
in at least ten of the most public places 
in each election district so created, di¬ 
vided or altered, and shall, prior to every 
election, furnish copies of such map or 
description to the inspectors of election 
in each election district of such ward or 
assembly district. The scale of such 
maps shall, so far as possible, be uniform 
and large enough to permit the printing 
of the street corner numbers of the block 
or blocks defining the extreme boundaries 
of each election district within or outside 
the lines of such block or blocks respect¬ 
ively; and such street corner numbers 
shall be printed in or outside such block 
lines upon said maps, so that the lowest 
and highest street numbers within the 
election district of every street bounding 
euch election district shall be plainly 
shown thereon. The copies furnished to 
the inspectors of election shall have 
printed on each or affixed to each in some 
secure way the list of places designated 
pursuant to the next section as places at 
which the meetings for the registration 
of voters and the election shall be held 
during the year within such ward or as¬ 
sembly district. 

The officers creating, dividing or alter¬ 
ing an election district in a town shall 
forthwith make a certificate or map 
thereof, exhibiting the districts so cre¬ 
ated, divided or altered, and their num¬ 
bers respectively, and file the same in 
the county clerk’s office except in the 
county of Erie, and in the county of Erie 
in the office of the commissioner of elec¬ 
tions, and a copy thereof in the town 
clerk’s office, and cause copies of the 
same to be posted in at least five of the 
most public places in each election dis¬ 
trict of such town, and the county clerk 
or commissioner of elections as the case 
may be, shall prior to every general elec¬ 
tion furnish copies of such maps or cer¬ 
tificates to the inspectors of election in 
each election district of such town, pro¬ 
vided such election district is not coter¬ 
minous with the town lines. 

Designation of places for registry anti 

voting. 

Sec. 299. 1. On the first Tuesday of 
September in each year, the tow T n 
board of each town, and the common 
council of each city, except Buffalo, 
and the board of elections of the city 
of New York, shall designate the place 
in each election district in the city or 
town at which the meeting for the 
registration of voters and the election 
shall be held during the year. In the 
city of Buffalo the commissioner of 
elections shall designate such places 
for registry and election on the first 
Monday in August in each year. 

2. Each room so designated shall 
be of a reasonable size, sufficient to 
admit and comfortably accommodate • 
at least ten voters at one time outside | 
of the guard-rail, and in cities con- 
| taining a population of one million or I 
| over such room must in addition be of | 
I sufficient size to allow of the placing 
of the furniture and equipment of 


such polling place as provided in th# 
election law. 

3. In cities containing a population 
of over one million, a school house or 
other public building may be desig¬ 
nated, provided that the board of edu¬ 
cation consent and that the use of 
the same as a registration and polling 
place shall not interfere With their 
customary use. The expense, if any, 
incidental to their use under such des¬ 
ignation shall be paid like the expense 
of other registration and polling 
places. Whenever a school or other 
public building is located in an elec¬ 
tion district and the registration and 
polling place of such district is not 
located in a school or other public 
building, a statement of the reason for 
not designating such a building must 
be entered by the board or officer 
charged with the duty of making such 
designations in the minutes or other 
record making the designation. 

4. No building, or part of a building, 
shall be so designated in any city, if 
within thirty days before such desig¬ 
nation, intoxicating liquors, ale or 
beer, shall have been sold in any part 
thereof. No room shall be designated 
elsewhere than in a city, if within 
thirty days before such designation, 
intoxicating liquors, ale or beer, shall 
have been sold in such rooms, or in a 
room adjoining thereto, with a door or 
passageway between the two rooms. 

5. In the event that the registration 
shall be so large that the polling place 
already designated would be unreason¬ 
ably crowded on election day, the board 
of elections may between the last day 
of registration and election day 
change the polling place so as to ob¬ 
tain a larger room. If for any rea¬ 
son said board of elections changes a 
polling place said change must be 
made at least ten days before the day 
of election and at least five days be¬ 
fore election day said board must 
send a written notice to each regis¬ 
tered voter, notifying him of such 
change in the location of said polling- 
place. 

6. No intoxicating liquors, ale or 
beer shall be sold in such building in 
a city or such room or adjoining 
room elsewhere after such designation 
and before the general election next 
thereafter, or be allowed in any room 
in which an election is held during 
the day of election or canvass of the 
votes. Any person or persons violat¬ 
ing the provisions of this section shall 
be deemed guilty of a misdemeanor. 

7. If any place so designated shall 
thereafter and before the close of the 
election be destroyed, or for any rea¬ 
son become unfit for use, or cannot 
for any reason be used for such pur¬ 
pose, the officers charged with the 
designation of a place for such elec¬ 
tion shall forthwith designate some 
other suitable place for holding such 
election. Not more than one polling 
place shall be in the same room, and 
not more than two polling places 
shall be in the same building. 

[As amended by chap. 428, Laws of 
1910, and chap. 678, Laws of 1915.] 

Equipment of polling places. 

Sec. 300. The officers authorized to des¬ 
ignate such places in any town or city 
shall provide for each polling place ac 
such election, the necessary ballot and 
other boxes, guard-rails, voting booths 
and supplies therein, and the other fur¬ 
niture of such polling place, necessary 
for the lawful conduct of each election 
thereat, shall preserve the same when 
not in use, and shall deliver all such bal¬ 
lot and other boxes for each polling 
place, with the keys thereof, to the in¬ 
spectors of each election district at least 
one-half hour before the opening of tha 
polls at each election. 

Display of American flag-. 

Sec. 300-a. The American flag ■shall 
be displayed in each polling place in 






Eagle Library—THE ELECTION LAW OF THE STATE OF NEW YORK 


39 1 


this state by the board of inspectors 
during the hours when such boards 
are in session. The board, body or 
officer now charged with the duty of 
defraying the expenses of conducting 
primaries and elections, shall furnish 
said flag, which shall be approximately 
three feet by five feet in size. [As 
added by chap. 783, Laws of 1913.] 

Publication of list of registration 

and polling places. 

Sec. 301. The officers authorized to 
designate the registration and polling 


epective boroughs in which they are 
located. 

In selecting the newspapers in which 
such publications are to be made the 
said board shall keep in view the ob¬ 
ject of giving the widest publicity 
thereto. [As amended by chap. 587, 
Laws of 1913, and chap. 238, Laws of 
1914.] 

Election officers: designation, num¬ 
ber and qualifications. 

Sec. 302, There shall be in every 
election district of this state the fol- 


places in any city, except the city of lowing election officers, namely, four 
New York, shall cause to be published j inspectors, two poll clerks and two bal- 
in two newspapers within such city a j lot clerks, whose term of office, ex¬ 
list of such places so designated, and ; cept as hereinafter prescribed, shall 
the boundaries of each election dis- be for one year from the date of their 
trict in which such registration and appointment or election, and who shall 
polling place is located. Such publi- serve at every general, special or other 
cation shall be made in the newspapers I election held within their districts dur- 
so selected upon each day of registra- ing such term. The term of office of 
tion and the day of election, except inspectors of election in towns shall 
that if such newspaper be an evening be for two years. 

newspaper it shall be made on the day I No person shall be appointed or 
prior to each of such days. One of elected an inspector of election, poll 
such newspapers so selected shall be | clerk or ballot clerk, who is not a 
one which supports the candidate qualified voter of the county if within 
nominated that vear by the political the city of New York, or of the city 
partv polling the highest number of if in any other city, or of the election 


votes in the state at the last preceding 
election for governor, and the other 
newspaper so designated shall be one 
which supports the candidates nomin¬ 
ated that year by the political party 
polling the next highest number of 
votes for governor at said election. 

The board of elections of the city of 
New York shall cause to be published 
in two newspapers in each borough 


district of the town in which he is 
to serve, of good character, able to 
speak and read the English language 
understandingly, and to w T rite it leg¬ 
ibly, and w'ho does not possess a gen¬ 
eral knowledge of the duties of the 
office to which he is elected or ap¬ 
pointed, or who is a candidate for any 
office to be voted for by the voters of 
the district in which he is to serve, or 


within such city a list of the registra- who has been convicted of a fe.ony 
tion and polling places so designated and^not restored to^iUzenshxp, or who 
in each borough and the boundaries of 4 ’' " .. 


each election district therein in which 
such registration and polling place is 
located; except that in the borough of 
Brooklyn, such publication shall be 
made in the newspapers designated 
to publish corporation notices therein 
and In one daily newspaper published 
in the 


holds any public office except that of 
notary public or commissioner of 
deeds, town or village assessor, jus¬ 
tice of the peace, police justice of a 
village, village trustee, water com¬ 
missioner, officer of a school district, 
or overseer of highways, whether 
elected or appointed, or who is em- 


,,, me Jewish language; and except ployfd in any public office or any 
also that in the borough of Manhattan 1 public officer whose services are p id 
such publication shall be made in five ? or out ° f the pu . ,llic monej oth<?1 lhan 

2 SS Sr^ra[?a P „ U «n d S Lp^rX “ fh.ll b. 

political pa - 1 , f. . f t election next preceding that for which 

number of otes n the state at the last offlcers ‘ are to serve, cast the 

preceding election foi govei nor, and | y^g^est antl the next highest number 
also in fl\e da > P P P ' of votes. Where election officers are 

in the borough Of Manhattan vhich appointed the qualifications required 
support the nominated .hat this section shall be deter- 

year by the political party polling the __.-__ 

next highest number of votes for gov 


mined by an examination by or under 


. . , .. __ „.5 inh the direction of the appointing board 

erpor at said election one <>J *hich [ or officer. [As amended by chap. 239, 
newspapers may be a daily newspapei T nf i q 14 ■, 
published in the German language and ^ J 

two of which newspapers may be daily j Appointment of election officers in 
newspapers published in the Jewish cities. 

language; which publication shall in- g ec 303 . ^he board of elections of the 
cludo the list of such registration and ; c jty 0 £ y e w York and the mayor of each 
polling places and their boundaries, | other city shall, on. or before the fir it 
in the respective counties in which the \ ^ ay of September of each year, select and 
newspapers are published. Such pub- j appoint election officers for each election 
iication shall be made in such news- j district therein, and may fill any vacancy 
papers upon eac{i day of registration j W bich may occur before the opening of 
and the day of election excepting if ] t h e polls on election day. 
such newspaper be an evening news- i Each political party entitled to repre 


paper it shall be made on the day 
prior to each of such days. Such pub¬ 
lications shall be made in newspapers 
published in such boroughs which 
shall respectively support the candi¬ 
dates nominated that year by the po¬ 
litical parties which at the last pre¬ 
ceding election for governor respect¬ 
ively cast the largest and next largest 
number of votes in the state for such 
office. 

The said board shall also cause to 
be published in the City Record on or 
before the first day of registration in 
each year a complete list of all the 
registration and polling *paces so 
designated and the boundaries of the 
election districts in which such places 
are located arranged in numerical or¬ 
der under the designation of the re- 

•So In the original. 


sontation in any board of election officers 
may, not later than the first day of July 
in each year, file with such board or 
mayor an original list, of persons, mem¬ 
bers of such party duly qualified to serve 
as election officers. A supplemental list 
of persons may also be filed containing 
not more than ten names for each office. 
Additional supplemental lists for any 
election district may be filed at any time 
before the appointment for such districts 
are made and certified by such board or 
mayor or when a vacancy shall exist in 
the original list by reason of the dis¬ 
qualification, resignation, declination or 
withdrawal of the name by the person or 
persons submitting the same, of any per¬ 
son on such list, and all appointments 
shall be made from the original list if 
those named therein are found qualified; 
if not so qualified, then from a supple¬ 


mental list so filed. If within ten days 
after notice in writing by the board or 
mayor to the chairman of the committes 
or other person by whom the list is filed 
or authenticated, such chairman or other 
person shall neglect to file an additional 
list, the board or mayor may appoint 
qualified persons, members of the party 
In default, to act as election officers. 

Authentication of party list*. 

Sec. 304. In the city of New York 
such lists shall be authenticated and 
filed by the chairman of the county 
committee of the party in the respec¬ 
tive counties within such city; in 
other cities, by the chairman or sec¬ 
retary of the general city committee 
of such party, if there be such a 
committee, or if not, then by the 
chairman or secretary of the general 
county committee of such party, if 
there be such a committee, or if not, 
then by the corresponding officer of 
any committee performing the usual 
functions of a city or county commit¬ 
tee; provided, however, that if in any 
city more than one such list be sub¬ 
mitted in the name or on behalf of 
the same political party, only that list 
can be accepted which is authenti¬ 
cated by the proper officer or officers 
of the faction or section of such party, 
which was recognized as regular by 
the last preceding state convention Of 
such party; or, where no such conven¬ 
tion has been held within the year, by 
the proper officer of the faction or 
section of said party which at the 
time of the filing of said list is recog¬ 
nized as regular by the state commit¬ 
tee of such party which was organ¬ 
ized by or pursuant to the direction 
of the last preceding state convention 
of such party. [As amended bv chap. 
678, Laws of 1915.] 

Examination as to qualifications. 

Sec. 305. All persons so proposed for 
appointment shall be examined as to 
their possessing the qualification required 
by section three hundred and two of this 
chapter by or under the direction of the 
mayor or board, wno shall give five days’ 
notice in writing of such examination to 
the person to be examined, and also the 
chairman of the committee or other per¬ 
son by whom the list is filed and authen¬ 
ticated, and such chairman efr other per¬ 
son may appear and be heard at such 
examination, either in person or by coun¬ 
sel. If a person so nominated after ex¬ 
amination is found qualified, under sec¬ 
tion three hundred and two of this chap¬ 
ter, he shall be appointed to the position 
for which he was recommended. If a per¬ 
son so proposed is found disqualified after 
examination, notice in writing to that 
effect shall be given by the mayor or 
board within three days after such dis¬ 
qualification isi determined by such mayor 
or board, to the chairman of the com¬ 
mittee or other person by whom the list 
embracing the name of the person so d-s- 
qualified was authenticated, and the va¬ 
cancy shall be filled by the appointment 
of a qualified person named in a supple¬ 
mental list filed on behalf of the earns 
party, except that if a party entitled to 
representation files no list the appoint^ 
ment may be made without such list, as 
provided in section three hundred an " 1 
three, after examination. If the person 
recommended shall have served as an 
election official at any previous election, 
it shall not be necessary fov him to oe 
examined. [As amended by chap. 649, 
Laws of 1911.] 

Party selection in the City of New 

York. 

Sec. 306. in the city of New York the 
members of the board charged with the 
duty of appointing election officers, who 
represent the same political party, shall 
have the exclusive right and be charged 
with the exclusive duty of selecting from 
the list submitted, or, in lieu of said list, 
the members of such party who are to b* 
appointed as election officers. 















40 


Eagle Library—THE ELECTION LAW OF THE STATE OF NEW YORK 


Oath of otllcc; certificate of appoint¬ 
ment. 

Sec. 307. Every person so appointed as 
an election officer shall, within five days 
after notice of his appointment, take ana 
subscribe the constitutional and statutory 
oath of office, which shall be adminis¬ 
tered, if in the city of New York, by a 
commissioner of elections, or by any 
clerk or other employee of said board of 
elections who shall be designated by said 
board in writing over the signature of its 
president to administer said oath of office, 
and if in any other city, by the mayor 
thereof or by any other person or per¬ 
sons designated by him for that purpose; 
and all of said officers, and all clerks or 
persona so designated by them or him for 
that purpose, shall be and are hereby au¬ 
thorized and empowered to administer 
euch oath. 

Every person so sworn as an election 
officer shall receive a certificate of ap¬ 
pointment and qualification, signed by the 
person who administered the oath, in such 
form as may be approved by the board or 
mayor by which or whom he was appoint¬ 
ed, and specifying the capacity and the 
election district in which he is to serve j 
and the date of the expiration of his term ■ 
of office. 

Removals; vacancies; transfers. 

Sec. 308. Any election officer so ap¬ 
pointed may be removed for cause by the 
board or mayor making the appointment, 
in which ca9e such removal, unless made 
while such officer is actually on duty on 
the day of registration, revision of regis¬ 
tration or election, and for improper con¬ 
duct as election officer, shall only be 
made after notice in writing to the officer 
to be removed, which notice shall set 
forth clearly and distinctly the reasons 
for his removal. In cities of the first 
class, it shall be the duty of the board 
or mayor making the appointment of an 
election officer, to remove forthwith such 
officer, without preferring any charges 
and without notice to such officer, upon 
the written request of the official of the 
political party who certified the name of 
such election officer or his successor. All 
such vacancies so created shall be filled 
in the same manner as the original ap- j 
pointment was made. Any election offl- j 
cer who shall at any time be appointed to [ 
fill a vacancy, which fact shall be stated! 
in his certificate of appointment, shall 1 
hold office only during the unexpired 
term of his predecessor. 

No election officer shall he trahsferred 
from one election district to another 
after he has entered upon the perform¬ 
ance of his duties and no election officer 
shall serve in any county save in that in 
which he shall reside. 

Certificates of service; exemption 

from jury dnty; payment. 

Sec. 309. The chairman of each board of 
inspectors of each election district shall, 
within twenty-four hours of any election, 
furnish to the mayor or board appointing 
such officers, if required so to do by such 
mayor or board, under his hand, a cer- j 
tificate stating the number of days of ac- j 
tual service of each member of such 
board, the names of the persons who ! 
served as poll clerks and ballot clerks on j 
election day and the number of days dur- j 
ing which the store, building or room 
hired for registration and election pur¬ 
poses was actually used for such pur¬ 
poses. Any person acting as such chair¬ 
man, who shall wilfully make a false cer¬ 
tificate, shall be guilty of a *misdea- 
meanor. 

All persons appointed and serving as 
election officers on any of the days of 
registration or of election or of count of J 
votes in cities of the first class shall be 
exempt from jury duty for one year from 
the date of the general election at which 
they serve. Such officers shall be paid by 
the comptroller of the respective cities 
within twenty days after the election at 
which such officers served, upon the cer¬ 
tificate of the board or mayor appointing 
them. 


Special penalties. 

Sec. 310. Every person appointed as an 
election officer, failing to take and sub¬ 
scribe the oath of office as hereinbefore 
prescribed or who shall wilfully neglect 
or refuse to discharge the duties which 
he was appointed to perform, shall, in 
addition to the other penalties prescribed 
by law, be liable to a fine of one hundred 
dollars, to be 9ued for and recovered by 
the mayor or board making the appoint¬ 
ment. in a court of record, for the use 
and benefit of the treasury of such city. 
Any election officer who, being removed 
for cause, shall fail upon demand to de¬ 
liver over to his successor the register of 
the voters, or any tally sheets, book, 
paper, *mmorandum or document relating 
to the registration of voters or the elec¬ 
tion in his possession, so far as he haj 
made it, shall be liable to a like penalty 
to be recovered in a like manner for the 
benefit of such city. 

Appointment of inspectors of election 

in towns. 

Sec. 311. Except as provided in section 
two hundred and ninety-six, inspectors of 
elections in towns shall be appointed by 
the town board in each year in which a 
town meeting is held for' the election of 
town officers, and within thirty days 
thereafter. Such appointments shall be 
made from lists to be prepared, certified 
and filed in the manner hereinafter pro¬ 
vided, by the two political parties enti¬ 
tled to representation on a board of elec¬ 
tion officers. The town caucus or pri¬ 
mary held by each such political party 
for the purpose of nominating town offi¬ 
cers shall prepare a list containing the 
names of at least two persons, qualified 
to serve as inspectors of election, for 
each election -district in said town, which 
lists shall be certified by the presiding 
officer and a secretary of said caucus or 
primary, and filed with the town clerk in 
the same manner and at the same time 
as the party certificate of nomination 
filed by said party. From each of the two 
lists so filed, the town board shall ap- ! 
point two persons who possess the quali¬ 
fications prescribed by law for election 
officers. If in any town more than one 
such list be submitted on behalf or in 
the name of the same political party, 
only that list can be accepted which is 
certified by the proper officer or officers 
of the faction of such party which was 
recognized as regular by the last preced¬ 
ing state convention of such party; or if 
no such convention was held during the 
year, by the proper officer or officers of 
the faction of such party, which at the 
time of the filing of such list is recog¬ 
nized as regular by the state committee 
of such party. 

Such appointment shall be made in 
writing and filed with the town clerk, 
who shall forthwith notify each person 
so appointed of his appointment to saio 
office, in the manner in which he is now 
by law required to give notice to a per¬ 
son of his election to .a town office when 
hig name does not appear upon the poll 
list at the town meeting at which he was 
elected to said office. From the addi¬ 
tional names, if any, contained on the 
lists so filed, of persons qualified to serve 
as such, the town board shall appoint in¬ 
spectors of election in case of the resig¬ 
nation, declination or other incapacity of 
persons appointed to such office. If such 
lists contain no additional names of such 
persons, the town board shall fill vacan¬ 
cies caused by such resignation, declina¬ 
tion or other incapacity by appointing 
persons known, or proved to the satisfac¬ 
tion of a majority of the members of said 
board to be members of the same politi¬ 
cal party in which such vacancy oc¬ 
curred. All appointments to fill vacan¬ 
cies shall be made in writing and filed 
with the town clerk, and notices thereof 
given by him as hereinbefore provided in 
the case of an original appointment. 

Appointment of poll clerks and ballot 

clerks in towns. 

Sec. 312. At the first meeting in each 

•So In original. 


year of the board of inspectors in every 
district in a town, one poll clerk and one 
ballot clerk shall be appointed by the 
two inspectors of election representing 
one of the political parties entitled to 
representation on such board, and one 
poll clerk and one ballot clerk shall be 
appointed by the two inspectors repre¬ 
senting the other political party, buen 
appointments shall be in writing, signe 
by the inspectors making the appoint¬ 
ments respectively, and shall be filed by 
them with the town clerk of the town m 
which such election district is situate , 
and a copy thereof with the post-office 
address of each person so appointed shall 
be mailed to the clerk of the county. 

The poll clerks and ballot clerks so 
appointed shall hold their office during 
the term of office of the inspectors ap¬ 
pointing them, except as hereinafter pro* 
vided. The persons so appointed as poll 
clerks and ballot clerks shall be voters 
in the district in which they are appoint¬ 
ed to serve, and shall possess the quali* 
fleations required of such officers by sec¬ 
tion three hundred and two of this ar- 
ticle. 

If at the time of any election at which 
poll clerks and ballot clerks are required 
to be present at the polling place in any 
election district, the office of a poll clerk 
qr of ballot clerk of such district shall 
be vacant, or a poll clerk or a ballot 
clerk shall be absent, the inspectors of 
election in such district shall forthwith 
appoint a person to fill such vacancy. 
Such person so appointed shall, before he 
acts as such poll clerk or ballot clerk, 
take the constitutional and statutory 
oaths of office. 

Supplying vacancies, and absences. 

Sec. 313. If at the time Of. any meeting 
of the inspectors there shall be a vacancy 
or if any inspectors shall be absent from 
such meeting, the inspector present Who 
shall be a member of the same political 
party as the absent inspector shall op- 
point a qualified voter of the district, 

; who shall also be a member of the same 
political party as the absent inspector, 
to act in the place of such absent in¬ 
spector for the whole of that day. And 
the person so appointed shall be paid the 
amount which the absent inspector, if he 
had been present, would have beeh enti¬ 
tled to be paid for his services upon that 
day, and the absent inspector shall not 
be paid for any services for that day. 

If two inspectors, who are members of 
the same political party, shall be absent 
from any such meeting on election day, 
the poll clerk, if he be present, and If he 
be absent then the ballot clerk, who is a 
member of the same political party as 
the absent inspectors, shall appoint two 
qualified voters of the district, who shall 
be members of the same political party 
as the absent inspectors, to act in the 
place of such absent inspectors for the 
whole of that day; and the persons so 
appointed shall be paid the amounts 
which the absent inspectors, if they had 
been present, would have been entitled to 
be paid for their services upon that day, 
and the absent inspectors shall not be 
paid for any services for that day. 

If two inspectors, who are members of 
the same political party, shall be absent 
on any of the days of registration, the 
inspector or inspectors present shall ap¬ 
point qualified voters of the district, who 
shall be members of the same political 
party as the absent inspectors, to act un¬ 
til such absent inspectors, or their suc¬ 
cessors duly appointed as hereinbefore 
provided, shall appear and such persons, 
so serving temporarily, shall serve with¬ 
out pay. 

If, at any such time, the offices of all 
inspectors are vacant, or no inspector 
shall appear within one hour after the 
time fixed by law for the opening of such 
meetings, the qualified voters of the dis¬ 
trict present, not less than ten, may des¬ 
ignate four qualified voters of the dis¬ 
trict belonging to the political parties as 
specified in section three hundred aiid 
two, to fill such vacancies, or to act in 
the place of such inspectors respectively. 

















Eagle Library—THE ELECTION LAW OF THE STATE OF NEW YORK 


41 ^ 


until the absent inspectors respectively 
appear. 

If at any time there shall be a vacancy 
In the office of any poll clerk or ballot 
clerk, or if any poll clerk or ballot clerk 
• hall be absent from such meeting, the 
inspector or inspectors present, who shall 
be a member or members of the same po¬ 
litical party a9 the absent poll clerk or 
ballot clerk, shall appoint a qualified 
elector of the district, who shall also be 
a member of the same political party as 
the absent poll clerk or ballot clerk to 
nil such vacancy. 

Every person so appointed or designat¬ 
ed to act as an inspector, poll clerk or 
ballot clerk shall take the constitutional 
and statutory oath as prescribed by this 
chapter. 

Organization of boards of inspectors. 

Sec. 314. Before otherwise entering up¬ 
on their duties the inspectors of each 
district shall then immediately appoint 
one of their number chairman; or, if a 
majority shall not agree upon such ap¬ 
pointment, they shall draw lots for that 
position. 

In all proceedings of the inspectors act¬ 
ing as registrars, inspectors or canvass¬ 
ers, they shall act as a board, and, in 
case of a question arising as to matters 
which may call for a determination by 
them, a majority of such board shall de¬ 
cide. 

Preservation of order by inspectors. 

Sec. 315. All meetings of the board of 
Inspectors shall be public. Such board 
and each individual member thereof shall 
have full authority to preserve peace and 
good order at such meetings, and around 
the polls of elections, and to keep the 
access thereto unobstructed, and to en¬ 
force obedience to their lawful com¬ 
mands. The said board may appoint one 
or more voters to communicate their or¬ 
ders and directions, and to assist in the 
performance of their duties in this sec¬ 
tion enjoined. If any person shall re¬ 
fuse to obey the lawful commands of the 
inspectors, or by disorderly conduct in 
their presence or hearing shall interrupt 
or disturb their proceedings, they shall 
make an order directing the sheriff or 
any constable of the county, or any peace 
or police officer to take the person so of¬ 
fending into custody and retain him until 
the registration of voters or the canvass 
of the votes shall be completed, but such 
order shall not prohibit the person taken 
Into custody from voting. Such order 
shall bo executed by any sheriff, con¬ 
stable, peace or police officer, to whom 
ttye same shall be delivered, but if none 
shall be present, then by any other per¬ 
son deputed by such board in writing. 
The said board or any member thereof 
may order the arrest of any person other 
than an election officer violating or at¬ 
tempting to violate any of the provisions 
of this chapter. 

Ballot boxen. 

Sec. 316. Separate ballot boxes ap¬ 
propriately and conspicuously marked 
must be provided as occasion shall re¬ 
quire, to receive 

1. Ballots for presidential electors. 

2. Ballots for general officers, 

3. Ballots upon constitutional 
amendments and questions submitted, 

4. Ballots upon town propositions 
and upon town appropriations, 

6 . Ballots defective in printing or 
spoiled and mutilated, 

6 . Stubs detached from ballots. 

Each box shall be supplied with a 
sufficient lock and key and with an 
opening in the top large enough to al¬ 
low a single folded ballot to be easily 
passed through the opening, but no 
larger. It shall be large enough to 
receive all the ballots which may be 
lawfully deposited therein at any elec¬ 
tion, and it shall be well and strongly 
made of wood, free from checks and 
blemishes. 

Each and every inspector of elec¬ 
tions shall be personally responsible 
for the custody of each box and its 


contents from the time the election 
begins until the box is delivered, ac¬ 
cording to law, to the person entitled 
to receive it. Upon making any such 
delivery each inspector of elections 
shall be entitled to a receipt for each 
box delivered. [As amended by chap. 
649, Laws of 1911, and chap. 821, Laws 
of 1913.] 

Voting booths anil guard-rails. 

Sec. 317. There shall be in each polling 
place during each election a sufficient 
number of voting booths, not less than 
one for every seventy-five registered vot¬ 
ers in the district. Each such booth shall 
be at least three feet square, shall have 
four sides inclosed, each at least three 
feet high, and the one in front shall open 
and shut as a door swinging outward, and 
shall extend within two feet of the floor. 
Each such booth shall contain a shelf 
which shall be at least one foot wide, ex¬ 
tending across one side of the booth at 
a convenient height for writing and shall 
be furnished with such supplies and con¬ 
veniences, including pencils having black 
lead only, as will enable the voters to 
conveniently prepare their ballots for 
voting. Each booth shall be kept clearly 
lighted while the polls are open, by arti¬ 
ficial lights if necessary. 

A guard-rail shall be placed at each 
polling place at least six feet from the 
ballot box?s and the booths, and no bal¬ 
lot box or booth shall be placed within 
six feet of such rail. Each guard-rail 
shall be provided with a place for en¬ 
trance and exit. The arrangement of the 
polling place shall be such that the 
booths can only be reached by passing 
within the guard-rail, and that the 
booths, ballot boxes, election officers and 
every part of the polling place except 
the inside of the booths shall be in plain 
view of the election officers and the per¬ 
sons just outside the guard-rail. Such 
booths shall be so arranged that there 
shall be no access to intending voters or 
to the booths through any door, window 
or opening, except by the door in front 
of said booth. 

Apportionment of election expenses. 

Sec. 318. The expense of providing poll¬ 
ing places, voting booths, supplies there¬ 
for, guard-rails and other furniture of 
the polling place, and distance markers, 
and the compensation of the election offi¬ 
cers in each election district, shall be a 
charge upon the town or city in which 
such election district is situated, except 
that such expenses incurred for the pur¬ 
pose of conducting a village election not 
held at the same time as a general elec¬ 
tion shall be a charge upon the village. 

The expense of printing and delivering 
the official ballots, sample ballots and 
cards of instruction, poll books, tally 
sheets, return sheets for inspectors and 
ballot clerks, and distance markers to be 
used at a town meeting or city or village 
election not held at the same time as a 
general election, and of printing the lists 
of nominations therefor shall be a charge 
upon the town, city or village in which 
the meeting or election is held. The ex¬ 
pense of printing and delivering the offi¬ 
cial ballots, sample ballots and cards of 
instruction, poll books, tally sheets, re¬ 
turn sheets for inspectors and ballot 
clerks, and distance markers to be used 
in any county, except such counties or 
portions thereof as are included within 
the city of New York, at any other elec¬ 
tion, if no town meeting or city or village 
election be held at the same time there¬ 
with, and of printing the lists of nomina¬ 
tions therefor, shall be a charge upon 
such county. The expense of printing and 
delivering the official ballots, sample 
ballots and cards of instruction, poll 
books, tally sheets, return sheets for in¬ 
spectors and ballot clerks, and distance 
markers, to be used in any such county 
at any other election, and of printing the 
Hats of nominations therefor, if the town 
meeting or city or village election be 
held in such county at the Game time 
therewith, shall bo apportioned by the 
county clerk between such town, city or 


village and such county, in the propor¬ 
tion of the number of candidates for 
town, city or village officers on such bal¬ 
lots, respectively, to the whole number 
of candidates thereon, and the amount of 
such expense so apportioned to each such 
municipality shall be a charge thereon. 

Whenever voting machines are used ih 
an election by any city, town or village, 
only such expenses as are caused by the 
use of such machines, and such as are 
necessary for the proper conduct of the 
elections as required by this chapter 
shall be charged to such city, town or 
village. 

All expenses relating to or connected 
with elections lawfully incurred by the 
board of elections of the city of New 
York shall be a charge on such city, and 
after being audited by the proper officer, 
shall be paid by the comptroller of said 
city upon the certificate of such board. 

Fees of eleetion officers ami others. 

Sec. 319. 1. The county clerk of 
each county, not salaried, shall be 
paid by such county a reasonable 
compensation for his services in car¬ 
rying out the provisions of this chap¬ 
ter, to be fixed by the board of super¬ 
visors of the county, or the board act¬ 
ing as such board of supervisors. The 
town clerk of each town shall be paid 
by such town a reasonable compen¬ 
sation for his services in carrying out 
the provisions of this chapter, to be 
fixed by the other members of the 
town board of the town. Ballot 
clerks shall receive the same compen¬ 
sation for their attendance at an elec¬ 
tion as inspectors of election for the 
election and be paid in like manner. 
Poll clerks shall receive the same 
compensation for their attendance at 
an election and canvass of the votes 
as inspectors of election and be paid 
in like manner. An inspector of elec¬ 
tion lawfully required to file papers 
in the county clerk’s office shall, un¬ 
less he resides in the county if with¬ 
in the city of New York, or in any 
other city or town in which such of¬ 
fice is situated, be entitled to receive 
as compensation therefor five dollars, 
and also four cents a mile for every 
mile actually and necessarily traveled 
between his residence and such coujj- 
ty clerk’s office in going to and re¬ 
turning from such office. 

2. In cities of the first class having 
a population of two million or more 
inhabitants the persons appointed and 
serving as inspectors of election shall 
receive four dollars for the hours 
fixed by law for each day of registra¬ 
tion from Monday to Friday inclusive, 
and ten dollars for such hours on the 
last day of registration and on the 
day of revision of registration for a 
special election, and seven dollars for 
the hours fixed by law for the elec¬ 
tion, and five dollars for the count 
and return of the votes. The poll 
clerks in such city shall each receive 
the same compensation as inspector* 
for the election and for the count of 
the votes, and the ballot clerks shall 
receive eight dollars each. Such of¬ 
ficers shall be paid by the comptrol¬ 
lers of the respective cities upon the 
certificate of the board or officer ap¬ 
pointing them. 

3. Election officers required to meet 
at a different time from the regular 
count of the votes cast at a general 
election for the purpose of counting 
and returning the votes of electors 
absent from their election districts in 
time of war in the actual military or 
naval service of this state or of the 
United States shall be paid five dol¬ 
lars each. [As amended by chap. 678, 
Laws of 1915.] 

Delivery of election law* to clerk*, 

boards and election officer*. 

Sec. 320. Tho secretary of state shall at 
least sixty days before each general else* 
tion causo to be prepared ft compilation 
of the election law with explanatory 















42 


Eagle Library—THE ELECTION LAW OF THE STATE OF NEW YORK 


notes and instructions, properly indexed, 
ftnd procure the same to be printed by the 
legislative printer, and transmit to the 
county clerk of each county except New 
York, Kings, Richmond, Queens and Erie 
counties, and to the board of elections of 
the city of New York, located in the bor¬ 
ough of Manhattan, and to the branch 
office of the board of elections in each of 
the other boroughs of the city of New 
York and to the commissioner of elec¬ 
tions of the county of Erie, a sufficient 
number of copies thereof to furnish one 
such copy to the county clerk and to said 
board and to each of said branch offices 
of the board of elections and to said com¬ 
missioner and one to each town, village 
and city clerk and to each election offi¬ 
cer in such county and said boroughs, to¬ 
gether with such number of extra copies 
as may in his judgment be necessary to 
replace copies lost or mutilated before 
delivery thereof to election officers. 

The county clerk of each county, except 
those counties the whole of which is in¬ 
cluded within the city of New York, and 
the commissioner of elections of the 
county of Erie, shall forthwith transmit 
one of such copies to each of such officers 
In such county, and the said board of 
elections shall cause to be delivered on ' 
of such copies to each of such officers in 
the city of New York. Each copy so re¬ 
ceived by each such officer shall belong to 
1 lie office of the person receiving it. Every 
incumbent of the office shall preserve 
such copy during his term of office and 
upon the expiration of his term or re¬ 
moval from office deliver it to his suc¬ 
cessor. The secretary of state shall also 
transmit to the state superintendent of 
elections for the metropolitan elections 
district a sufficient number of such copies 
to furnish one of such copies to the su¬ 
perintendent and to each deputy. 


1 ARTICLE 9. 

BALLOTS stationery. 

Section 3 30. Official ballots for elec¬ 
tions. 

331. Form of general ballot. 

332. Form of ballot for ques¬ 

tions submitted. 

333. Sample ballots, instruc¬ 

tion cards and station¬ 
ery. 

*3 33-a. Additional sample bal¬ 
lots in the year nineteen 
hundred and fourteen; 
distribution of such bal¬ 
lots. 

334. Blank forms for election 

officers. 

335. * 2 3 Form of tally sheets. 

336. Description of tally 

sheets. 

337. ‘Form of ballot returns. 
CSS. Form of election returns. 

339. *Form of report of as¬ 

sisted and challenged 
voters. 

340. Number of official ballots. 

341. Officers providing ballots 

and stationery. 

342. Public inspection of bal¬ 

lots. 

343. Distribution of ballots 

and stationery. 

344. Errors and omissions in 

ballots. 

345. Unofficial ballots. 

Official ballots for elections. 

Sec. 330. Official ballots shall be pro¬ 
vided at public expense at each poiiing 
place for every election at which public 
officers are to be elected directly by the 
people, except an election of school dis¬ 
trict officers or school officers of a city 
or village at which no other public officer 
is to be elected, and except an election 
of officers of a fire district outside of 


J As renumbered by chap. 800. Laws of 1913. 

2 Added by chap. 243, Laws of 1914. 

3 Section repealed by chap. 821, Laws of 

1913. 

•So in original. J 


cities and incorporated villages, at which 
excepted elections any form of ballot 
which may be adopted and used by the 
meeting at which such election shall be 
had shall be legal. 

Classification of ballots: form of 

ballots for candidates. 

Sec. 331. 1. General provisions. 

There shall be five kinds of ballots, 
called respectively ballots for presi¬ 
dential electors, ballots for general of¬ 
ficers, ballots upon constitutional 
amendments and questions submitted, 
ballots upon town propositions, and 
ballots upon town appropriations, 
which shall be used for the purposes 
which their names severally indicate 
and not otherwise. Ballots for gen¬ 
eral officers shall contain the names 
of all candidates except presidential 
electors. All ballots shall be printed 
| in black ink, on book paper of good 
quality free from ground wood, five 
I hundred sheets of which twenty-five 
by thirty-eight inches in size shall 
I weigh sixty pounds and shall test for 
that size and weight at least twenty 
points on a Morrison tester. They 
shall be rectangular in shape, not less 
than eight inches in width and twelve 
inches in length, and shall have a 
margin extending beyond any printing 
thereon. 

- All ballots of the same kind for the 
same polling place shall be of precise¬ 
ly the same size, quality and shade of 
paper, and of precisely the same kind 
and arrangement of type and tint of 
ink. A different, but in each case uni¬ 
form, kind of type shall be used for 
printing the names of candidates, the 
titles of offices, political designations, 
and the reading form of constitutional 
amendments and other questions and [ 
propositions submitted. The names of 
candidates shall be printed in capital 
letter:! in black-faced type not less j 
than one-eighth nor more than three- j 
sixteenths of an inch in height. 
t Each ballot shall be printed on the j 
1 same sheet with a stub and shall be : 
separated therefrom by a horizontal j 
line of perforations extending across 
the entire wicj,th of the ballot. On the j 
face of the stub shall be printed the 
instructions to voters hereinafter pro¬ 
vided-?- On the back of the stub, im¬ 
mediately above the center of the in¬ 
dorsement on the back of the ballot 
hereinafter referred to, shall be print¬ 
ed “No.,” the blank to be filled 

with the consecutive number of the 
ballot, beginning with “No. 1,” and 
Increasing in regular numerical order. 

On the back of the ballot, below the 
line of perforations, just to the right 
of the center, and outside when the 
ballot is folded, shall be printed the 
following indorsement, the blanks be¬ 
ing properly filled and the numbers 
running from one upward, consecu¬ 
tively: 

Official Ballot (.for Presidential 
’“'Electors). 

, County of. 

.Assembly District (ward 

or town). 

. ..Election District. 

(Date of Election), 

(Facsimile of the signature of of- ! 
fleer causing the ballot to be 
printed). 

Each ballot shall be printed in sec¬ 
tions, on which the candidates’ names, 
emblems and political designations, or 
the constitutional amendment, or 
other question submitted, with the vot¬ 
ing squares, and other requisite mat¬ 
ter shall be boxed In by heavy black 
lines in the manner indicated in the 
illustration of the ballot hereinafter 
provided. The voting squares or vot¬ 
ing spaces and the spaces occupied by 
emblems shall have a depth of five- 
sixteenths of an inch and such width 
only as the grouping, horizontally, of 
two or more emblems may require. 

In case the sections shall be so nu¬ 
merous as to make the ballot unwieldy 
if they are printed in one column, 


they may be printed in as manv col¬ 
umns as shall be necessary, and in that 
case, in order to produce an exactly 
rectangular ballot, blank sections may 
I be used. 

On each ballot shall be voting 
squares or voting spaces in which 
voters may make their voting marks. 
All voting squares or spaces shall be 
J bounded by heavy black lines, the per¬ 
pendicular lines to be not less than 
one-sixteenth of an inch wide. In all 
ballots these squares or spaces shall be 
set in a perpendicular column or col¬ 
umns, except that where a candidate 
for governor only shall have been 
nominated by two or more parties or 
independent bodies, the voting squares 
or spaces shall be arranged horizontal- 
i ly, under the emblems. No voting 
j squares or spaces shall be provided in 
the blank spaces for written names. 

The ballots bearing the same num¬ 
ber at the same election shall consti¬ 
tute a set of ballots. 

Each political organization whose 
party name contains more than eleven 
letters shall select an abbreviated form 
thereof containing not more than 
eleven letters which shall be used 
,ipon the ballot whenever the necessi¬ 
ties of space shall so require. The ab¬ 
breviated form shall bp certified at the 
same time and in the same manner as 
party names are required to be certi¬ 
fied. In printing the names of candi¬ 
dates whose full names contain six¬ 
teen letters or more not more than one 
name other than the surname shall be 
printed in full, and each candidate 
may indicate in writing to the officer 
or officers charged w r ith the duty of 
preparing the ballots the form in 
which, subject to this restriction, his 
[ name shall be printed. No emblem 
shall occupy a space longer in any di- 
i rection than the voting square to 
! which it relates. 

The face of the ballot shall be sub¬ 
stantially in the following form: [As 
added by chap. 821, Laws of 1913, and 
amended by chap. 87, Laws of 1914.] 

2. Ballots for presidential electors. 
The names of the presidential electors 
of each party shall be printed in one 
column indicating: 

First. The electors at large, whose 
names shall be arranged in the alpha¬ 
betical order of the surnames: and 

Second. The electors of each dis¬ 
trict, whose names shall be arranged 
in the numerical order of their dis¬ 
trict. 

The columns shall be parallel to 
each other and shall be separated by 
heavy black lines. In. addition to the 
party columns a blank column with 
lines for writing shall also be provided 
in which voters may write the names 
of candidates for presidential electors 
not on the ballot and which shall be 
sufficient to contain as many names as 
there are electors to be chosen. It 
shall be designated as the blank col¬ 
umn and shall contain no voting 
spaces. At the head of each party 
column shall be printed the party em'- 
blem; below this a blank circle three- 
quarters of an inch in diameter: below' 
this the party name in large type; be- 
lo\v this the names of the candidates 
for president and vice-president; and • 
below this a heavy line dividing the 
heading from the names of the presi¬ 
dential electors. Above the name of 
the first elector shall be printed the • 
words “presidential electors.” The 
names of the presidential electors shall 
be printed in spaces one-quarter of an 
inch in depth, except that the first 
space containing also the words "presi¬ 
dential electors” shall be half an inch 
in depth. The spaces shall be divided 
from each other by light horizontal 
lines. At the left of the name of each 
elector shall be printed a voting space 
one-quarter of an inch square, except 
the space opposite the first name, 
which shall be half an inch in dc-pth. 

Each party circle shall be surround¬ 
ed by the fell owing instructions, plain- >• 























43 


Eagl^Library—THE ELECTION LAW OF THE STATE OF NEW YORK 


*S lint itu; “ For a stl 'aight ticket, 
mark within this circle.” 

for the Presidential 
electors of independent bodies shall be 

thT+oK t0 A he Party columns except 
*T a L a 1 r ove , the emblem in each column 
snail be printed the words “independ- 
ent nominations” in large type like 
that used for the party names. 

In the blank column the space oc- 
b T the em blem and voting 
circle in the party column shall be oc- 
cupied by the following instructions, 
plainly printed: “In the column be¬ 
low, the voter may write the name of 
any person for whom he desires to 
vote whose name is not printed on the 
ballot.' Below the line dividing the 
heading from the blank spaces shall 
be printed, as in the other columns, 
the words “presidential electors.” 

The columns shall be arranged upon 
the ballot as directed by the secretary 
of state, precedence, however, being 
given to the several parties according 
to the number of votes for governor 
polled at the last preceding guberna¬ 
torial election. 

On the stub at the ton of the ballot 


shall be printed in heavy black type 
the following instructions: 

“1. To vote for all the electors of 
one party make a cross X mark within 
the circle above the party column. 

2. To vote for some, but not all, of 
the electors of one party make a cross 
X mark in the square at the left of the 
name of every candidate printed on 
the ballot for whom you desire to vote. 
If you mark any individual elector, 
you must mark all for whom you de¬ 
sire to vote, since no group mark will 
be counted, if an individual elector has 
been marked. 

3. To vote for any candidate not on 
the ballot write his name in the blank 
space provided therefor. 

4. Mark only with a pencil having 
black lead. 

5. Any other mark or any erasure or 
tear on the ballot renders it void. 

6 . If you tear, or deface, or wrong¬ 
ly mark this ballot, return it and ob¬ 
tain another.” 

3. Ballots for general officers. The 
names of all candidates for any one 
office shall be printed in a separate 
section, and the sections shall be in 


(Face ol Daliot] 

t. To vote for • oandidate on this ballot make a single cross X mark In one of the 
squares or In the space to the left of his name. 

2. To vote for • candidate NOT on this ballot write his name on a blank line under 
the oandidates for that office. 

4. Mark cnly with a pencil having black lead. 

4. Any other mark, erasure or tear on this ballot renders It void. 

6. If you tear, or deface, or wrongly mark this ballot, return it and obtain another. 


iCJiti 


1. 


GOVERNOR (Vote for one). 




E 


& 


HOSEA CLARK 


Democratic 
Prohibition 
. Social Labor 


JERRY COLLINS ....Republican 


WILLIAM HIGGS 


( Progressive 
Ind. League 


PAUL PRY . Liberal 


RALPH HUNTER 



LIEUTENANT GOVERNOR (Vote for one). 


T5emocraTIc^ 

Prohibition 
Social Labor 


PERRY PRINDLE .Republican 


JOHN SMITH ...Progressive 


PATRICK DOYLE .Ind. League 


HENRY SPENCER .Liberal 


the customary order of the offices. The 
names of candidates shall be printed in 
their appropriate section in such or¬ 
der as the board of elections may 
direct, precedence, however, being 
given, except as herein otherwise pro¬ 
vided, to the candidate of the party 
which polled the highest number of 
votes for governor at the last preced¬ 
ing election for such officer, and so on. 
At the top of each section shall be 
printed on one line the title of the 
office and a direction as to the number 
of candidates for whom a vote mav be 
cast unless there shall not be room 
for the direction, in which case it shall 
be printed directly below the title. If 
two or more candidates are nominated 
for the same office for different 
terms, the term for which each is 
nominated shall be printed as 
a P ar * title of the office At 

the bottom of each section as 

cTn n dVt e r ,a , te S £ aceS as there are 

candidate to be elected shall 

t e riJp ft fh blank ln Which the voter may 
on L?n? e p nf any oandidates not 
on the ballot. Excepting where a can- 
didate for the office of governor only is 
nominated by more than one political 
organization, there shall be printed on 

fno h a" 6 b „ elnvv the to P. in the follow¬ 
ing order, from left to right, the party 
emblem, the voting square, the candi¬ 
date s name and the name of his partv. 

width of the inclosure to the right 
2 ‘ h « votln » s P ace containing the ean- 
didate s name and party shall not ex¬ 
ceed three and one-half inches. In anv 
case where a candidate for public office 
is nominated by more than one political 
organization, the party names and em¬ 
blems shall appear in the order of the 
relative number of votes cast for gov¬ 
ernor by each organization at the pre- 
ceding election of a governor. When a 
candidate for the office of governor onlv 
is nominated by more than one political 
't organization, the voting squares shall 
be in the same column as the emblems 
IhfwTl horizontally thereunder 
to the left of the name of the cahdi- 
date, and the space in which the name 
of the candidate is printed shall have a 
depth of five-eighths of an inch. The 
final letter of the party name or names 
shall be close to the right hand per¬ 
pendicular line of the box, and anv 
space between the candidate's name 
and his party name or names shall be 
filled with dotted or waived lines 
On the stub at the top of the ballot 
shall be printed the following direc¬ 
tions to the voter: 

1 To vote for a candidate on this 
ballot make a cross X mark in one of 
the squares or in the space at the left 
of his name. 

2 To vote for a candidate not on this 
ballot write his name in the blank space 
under the candidates for that office 

3. Mark only with a pencil having 
black lead. 

4. Any other mark, erasure or tear on 
the ballot renders it void. 

5. If you tear, or deface, or wronglv 
mark this ballot, return it and obtain 
another, [As added by chap. 821, Laws 
°f 1^14 ] &n ^ amen ^ ec * by chap. 244* Laws 

Form of ballot for questions sub¬ 
mitted. 

Sec. 332. The reading form of each 
proposed constitutional amendment or 
other question submitted as provided 
in section two hundred and ninety-five 
of this chapter shall be printed in a 
separate section. At the left of each 
question shall appear two voting 
squares, one above the other, each at 
least one-half inch square. At the left 
of the upper square shall be printed 
the word “Yes,” and at the left of the 
lower square shall be printed the word 
"No.” On the stub at the top of the 
ballot shall be printed the following 
directions to the voter: 

1. To vote “Yes” on any questioa 























































































44 


Eagle Library-THE ELECTION LAW OF THE STATE OF NEW YORK 


make a cross X mark in the square op¬ 
posite the word “Yes.” 

2. To vote “No,” make a cross X mark 
In the square opposite the word “No.” 

3. Mark only with a pencil having 
black lead. 

4. Any other mark, erasure or tear on 
the ballot renders it void. 

5. If you tear, or deface, or wrongly 
mark this ballot, return it and obtain 
another. 

The questions shall be numbered con¬ 
secutively on the face of the ballot, and 
on the back of each voting section shall 
be printed the number of the question 
which it contains. 

So far as possible the ballots upon 
town propositions shall conform to the 
directions herein contained respecting 
the ballot on constitutional amendments 
and questions submitted. 

All ballots for the submission of town 
propositions for raising or appropriat¬ 
ing money for town purposes, or for 
incurring a town liability, to be voted 
at any town meeting in any town, shall 
be separate from all other ballots for 
the submission of other propositions or 
questions to the electors of such town 
to be voted at the same town meeting 
or election. Such ballots shall be in¬ 
dorsed “ballot upon town appropria¬ 
tions.” [As amended by chap. 821, Laws 
of 1913.] 

Sample ballots, Instruction cards 

and stationery. 

Sec. 333. Sample ballots of each kind 
equal in number to twenty-five per 
centum of the number of official bal¬ 
lots provided therefor, shall also be 
provided for every polling place for 
which official ballots are required to 
be provided. Such sample ballots shall 
be printed on paper of a different 
color from any of the official bal¬ 
lots, and without numbers on the 
stubs, but shall, in all other respects, be 
precisely similar to the official ballots 
to be voted at that polling place. One 
of each kind of such sample ballots 
shall, at any time on the day of elec¬ 
tion, be furnished upon application to 
any voter entitled to vote at that poll¬ 
ing place, and may be taken by him 
away from such polling place before 
receiving his official ballot or ballots. 

Twelve instruction cards, printed In 
English, and twelve printed in each of 
euch other languages as the officer or 
officers charged with providing them 
shall deem necessary, shall also be 
provided for each such polling 
place, containing in clear, large 
type, full instructions for the guidance 
of voters in obtaining ballots for voting 
in preparing their ballots for deposit in 
the boxes, in returning their ballots to 
the ballot clerks, and in obtaining 
new ballots in place of those returned, 
and in smaller type, a copy of each 
of the sections of the penal law relat¬ 
ing to crimes against the elective 
franchise. There shall also be pro¬ 
vided two poll books, a suitable num¬ 
ber of markers, designated as “dis¬ 
tance markers,” to indicate the dis¬ 
tance of one hundred feet from the 
polling place, a sufficient supply of all 
blanks and forms which are needed 
by the election officers, heavy manila 
envelopes for returns and excess bal¬ 
lots, labels, sealing wax, pencils having 
black lead only, pens, penholders, 
blotting paper and red and black ink. 
All such articles herein enumerated 
are hereby designated as “stationery.” 
[As amended by chap. 821, Laws of 
1913.] 

Additional sample ballots in the 

year nineteen hundred and four¬ 
teen; distribution of sncli ballots. 

Sec. 333-a. The various boards of 
election shall, before the first day of 
registration in the year nineteen hun¬ 
dred and fourteen, prepare sample 
ballots of the kind to be used for the 
election of general officers at the gen¬ 
eral election in such year and cause a 


sufficient number of such sample bal¬ 
lots to be delivered to the election of¬ 
ficers on or before the opening of 
registration on the first day of regis¬ 
tration in each election district within 
the jurisdiction of any such board 
where voters are required to register 
personally, in the manner provided by 
law for delivering other supplies. Such 
ballots shall conform in quality and 
kind to the sample ballots provided 
for in section three hundred and thir¬ 
ty-three, except that the name of each 
candidate shall be printed as “John 
Doe.” In any such district it shall be 
the duty of the election officers to de¬ 
liver one such ballot and one copy of 
the special instructions provided for in 
section one hundred and eighty-two-a 
to each voter who registers. In any dis¬ 
trict in which registration is not re¬ 
quired to be personal, the board of 
elections of a political subdivision 
within which such district is located 
shall, immediately after the last day 
of registration, mail a copy of such 
sample ballot and special instructions 
to each registered voter. [As added 
by chap. 243, Laws of 1914.] 

Blank forms for election officers. 

Sec. 334. 1. General provisions. At 
each election at which official ballots 
shall be used the officers charged with 
the duty of furnishing official ballots 
shall furnish to the board of inspectors 
of each election district printed blanks 
upon which the election officers shall 
make written returns showing the per¬ 
formance of their duties as such offi¬ 
cers. These blanks shall include 
blanks for a return by the ballot 
clerks, tally sheets for tallying the 
votes as canvassed, and blanks for a 
return by the inspectors of the votes 


for each election district three copies 
of each of the return sheet blanks and 
two copies of each of the tally sheet 
blanks required at that election dis¬ 
trict and no more. Each blank shall 
have at the top in large letters a de¬ 
scriptive title according to the nature 
of the blank. It shall also contain 
immediately under the title a heading 
showing the kind of election, whether 
special or general, the date, the name 
of the county, and the number of the 
assembly district and of the election 
district in which it is to be used. The 
other printed matter to appear on the 
several blanks shall be as hereinafter 
provided. 

2. Forms of returns and tally sheets. 
The return blanks and tally sheet 
blanks shall be as nearly as possible 
in the forms hereinafter provided, and 
all returns and tally sheets must be 
kept and filled out according tc the 
forms so provided and in accordance 
with the instructions contained there¬ 
in. 

In printing the forms, the matter in 
brackets, [ ] being instructions 

to the printers, is to be omitted. The 
printer shall also omit the names and 
figures which are inserted in the forma 
for the purposes of illustration. 

A separate tally sheet shall be pro¬ 
vided for each office or constitutional 
amendment or question submitted for 
which votes are to be canvassed. 

3. Penalty for refusal to fill out re¬ 
turns and tally sheets. Any election 
officer who shall willfully neglect or 
refuse to fill out any return or tally 
sheet according to the directions of 
this chapter shall be guilty of a mis¬ 
demeanor. [As amended by chap. 821, 
Laws of 1913.] 

Sec. 335. The ballot clerk’s return 


as tallied. There shall be furnished<j>shall be in the following form: 


General Election. 
November. 


BALLOT CLERK’S RETURN. 

County of 


.19 


.Assembly District. 
.Election District. 


Total number of Official Ballots for [General Officers] received. 

Number cancelled before delivery to voters ..... 

Nuihber spoiled and returned by voters.......... .. 

Number remaining unused............... 


Number remaining to be accounted for in the ballot, box. 


25 

288 


800 


315 


485 


Number of detached stubs... 

Number of stubs on unused ballots.... t 

Total . 

N. B. This total must exactly equal the number of ballots received. 


[Repeat the foregoing form for a return of each additional k ind of ballot.] 


STATE OF NEW YORK, 

COUNTY OF . 

The undersigned, being duly sworn, do depose and say, each for himself, 
that they have actually counted the cancelled ballots, and the ballots spoiled 
and returned by voters, and the detached stubs, and that the foregoing is a 
correct return of the ballots delivered to us for the election held on the 
day of November, 19 , at the Election District in the 

Assembly District in the County of and of the disposition 

thereof at such election. 

Sworn to before me, this 

day of November, 19 , .Ballot Clerk. 

. .Ballot Clerk. 

Inspectors of Elections. 


[As amended by chap. 821, Laws of 1913.] 


Forms of return and tally of votes<§> 
cast for presidential electors. 

Sec. 337. 1. Return. The official re¬ 
turn of votes cast for presidential elec¬ 
tors shall be in the following form: 

(See Form on Page 46) 




2. Tally. The official tally of votes 
cast for presidential electors shall be 
in the following form: [As amended 
by chap. 821, Laws of 1913.] 

(See Form on Page 47) 

Forms of return and tally of votes 
for officers other than presiden¬ 
tial electors. 


turn of votes for officers other than 
presidential electors shall be substan¬ 
tially in the following form with ap¬ 
propriate changes to indicate the vote 
for governor of each separate party or 
independent body by whom a candi¬ 
date therefor was nominated: 

OFFICIAL RETURN OF VOTES CAST 
FOR [GENERAL OFFICERS]. 

General Election. 

November. . . .19 


County of .■ 

.Assembly District. 

.Election District 


Sec. 338. 1. Return. The official re- HetUrn of votes cast for office of [Governor], 




















































Eagle Library—THE ELECTION LAW OF THE STATE OF NEW YORK 


45 ] 


Total Number of Ballots Voted: 
Number to be elected to said office: 

Total number of Votes to be can¬ 
vassed: 


For the office of .the candidates 

named below received the number of votes 

set opposite their respective names. 

[Print here the names of the candidates as 
they appear on the ballot, with six lines in 
addition for names to be written in and if 
a candidate for governor was nominated by 
more than one political organization, re¬ 
peat the candidate’s name as many times 
as he was nominated, inserting the vote of 
each party or independent body separate- 

- ly -3 

Blank Votes .. 

Void Votes .. 


Total 


[ Repeat the foregoing retu rn for each office.] 

The number of blank, void and protested 
ballots was: 

The number of ballots which were taken 

from the ballot bax by the chairman as 
excess ballots and placed with the spoiled 
and mut ilated ballots, was: 


STATE OF NEW YORK, 

COUNTY OF. 

The undersigned, being duly sworn, do de¬ 
pose and say, each for himself, that the , 
foregoing is a correct return of the ballots 
oast for the above officers at the election 
held on the day of 

19 , at the Election District 

in the Assembly District 

In'the County of 

Sworn to before me this........ 

day of November, 19 


spects like the form provided by this 
section for the tally of votes for offi¬ 
cers except in the following particu¬ 
lars: 

(a) At the top of the sheet shall be 
printed the words: “Official tally of 
votes cast on question number one” 
(or other brief designation). 

(b) The matter at the top of the 
tally sheet, except the title, the blanks 
to be filled in for the purpose of speci¬ 
fying the date and place of election, 
and the words, "Total number of 
votes to be canvassed,” shall be 
omitted. 

(c) In place of the candidates’ 
names in the left hand column shall 
be printed the words “For (or against, 
as the case may be) question No. (or 
other brief designation).” 

(d) The lines of tally squares left 
on the form herewith printed for 
names of candidates not on the ballot 
shall be omitted. 

(e) The fourth instruction for tally¬ 
ing shall read as follows: “4. Tally 
once for each vote, whether counted 
for or against the question, or blank, 
or void.” 

We certify that the foregoing state¬ 
ment is correct. 

Dated this ...» day of November, 


Ballot Clerk. 

* „ ...Inspector, 

.. Inspector. 

• •. ..Inspector. 

• • • .. Inspector. 

• ..Poll Clerk. 

„ _ ..Poll Clerk. 

N. B. To two out of the three returns 

tally sheets must be annexed. 

2. Tally. The official tallies of votes 
cast for officers other than presidential 
electors shall be in the following form 
with appropriate changes to indicate, 
where a candidate for governor was 
nominated by more than one political 
organization, the separate vote cast by 
each party or independent body for 
such candidate. [As amended by 
chap. 821, Laws of 1913.J 

See Form on Page 48 . 1 

Forms of return and tally of votes 
npon questions submitted. 

Sec. 339. 1. Return. The return 

sheet of votes upon constitutional 
amendments or other questions sub- 


Board of Inspectors. 
[As amended by chap. 821, Laws of 
1913.] 

Number of official ballots. 

Sec. 340. The number of official bal¬ 
lots of each kind to be provided for 
each polling place for each election to 
be held thereat, except a village elec¬ 
tion held at a different time from a 
general election, shall be one and one- 
fourth times as many ballots as near 
as may be as there were names of 
voters on the register of voters of such 
district for such election at the close 
of the final regular meeting for such 
registration. In cities of the first class 
the officer or board charged with the 
duty df furnishing official ballots shall 
furnish one and one-fourth times Tas 
many official ballots of each kind to be 
provided for such election as there are 
voters entitled to vote thereat, as near¬ 
ly as can be estimated by such officer 
or board. The number of official bal- 


mitted, including town propositions j lots of each kind to be provided for 
and town appropriations, shall be in ! each polling place for a town meet- 


all respects like the form provided by 
this section for the return of votes for 
officers except in the following par¬ 
ticulars: 

(a) At the top of the sheet shall be 
printed the words “Official return of 
votes cast on (constitutional amend¬ 
ments, questions submitted, town 
propositions, or town appropriations, 
as the case may be).” 

(b) Below the heading, in place of 
the words, “Return of votes cast for 

office of.,” shall be printed the 

words, “Return of votes cast on ques¬ 
tion number (one) relating to (here 
give brief description).” 

(c) The words “Number to be elect 


ing held at any time or a village or 
city election held at a different time 
from a general election, shall be one 
and one-fourth times the number of 
persons who will be entitled to vote 
thereat, as nearly as can be estimated 
by the officer charged with the dutyof 
providing such ballots. [As amended 
by chap. 820, Laws of 1913.] f . 

A 

Officers providing ballots nnd sta¬ 
tionery. 

Sec. 341. The board of elections in 
each county and in the city of New 
York shall provide the requisite num¬ 
ber of official and sample ballots, 
cards of instruction, two poll books, 
ed to said office,” and “Total number \ distance markers, two tally sheets of 
of votes to be canvassed,” shall be j each kind, three return blanks of each 
omitted. j kinds, pens, penholders, red and black 

(d) In place of the words “For the J ink, pencils having black lead, blot- 

office of . the candidates ! ting paper, sealing wax and such other 

named below received the number of articles of stationery as may be neces- 
votes set opposite their respective sary for the proper conduct of the 
names,” shall be printed the words, election and the canvass of the votes, 

for each election district in each coun¬ 
ty, for each election to be held there¬ 
at, except that w T hen town meetings, 
city or village elections and elections 
for school officers are not held at the 
same time as a general election, the 
clerk of such town, city or village, 
respectively, shall provide such official 
and sample ballots and stationery for 
such election or town meeting. If the 
town meeting is held on general elec¬ 
tion day ballots and sample ballots for 
town propositions and official and sam- 


‘Upon question number (one) relating 
to (here give same description as 
above directed) votes were cast as 
follows: 

Votes in favor .. 

Votes against.. 

(e) The verification shall be so 
modified as to state that the return is 
of ballots cast on constitutional amend¬ 
ments and questions submitted. 

2. Tally. The tally sheet for con¬ 
stitutional amendments or other ques¬ 
tions submitted shall be in all re- 


ple general ballots on which town 
officers only are to be voted for shall 
be provided by the town clerk in like 
manner and in the same form as at a 
town meeting held at any other time, 
and such town clerk shall also furnish 
return blanks for making returns on 
town propositions or questions and for 
making returns of votes cast for can¬ 
didates for town offices at such an elec¬ 
tion, and the expense of furnishing 
such ballots, sample ballots and re¬ 
turn blanks shall be a town charge. 
And the board of elections of the city 
of New York shall provide such arti¬ 
cles for each election to be held in 
said city. [As amended by chap. 649, 
Laws of 1911, and chap. 821, Laws of 
1913.] 

Pnbltc Inspection of ballots. 

Sec. 342. Each officer or board charged 
with the duty of providing official bal¬ 
lots for any polling place, shall have 
sample ballots and official ballots pro¬ 
vided, and in the possession of such of¬ 
ficer or board, and open to public in¬ 
spection as follows: The sample ballots 
five days before the election, and the 
official ballots four days before the elec¬ 
tion for which they are prepared, unless 
prepared for a village election or town 
meeting held at a different time from a 
general election, in which case the official 
•ballot shall be so printed and in pos¬ 
session at least one day, and the sample 
ballot*: at least two days, before such 
election or town meeting. During the 
times within which the same are open 
for inspection as aforesaid, it shall be 
the duty of the officer or board charged 
by law with the duty of preparing the 
same, to deliver a sample ballot of the 
kind to be voted in his district to each 
qualified elector who shall apply there¬ 
for, so that each elector who may de¬ 
sire the same may obtain a sample bal¬ 
lot similar, except as regards color and 
the number on the stub, to the official 
ballot to be voted at the polling plac© 
at which he is entitled to vote. 

Distribution of ballots and stationery. 

Sec. 343. The county clerk of each 
county,. except the county of Erie and 
those • counties which are wholly within 
the city of New York, shall deliver at 
his office to each town or city clerk in 
such county, except in New York city and 
in the city of Buffalo, on the Saturday 
before the election for which they are 
lequired, the official and sample ballots, 
cards of instruction and other station¬ 
ery required to be provided for each poll¬ 
ing place in such town or city for such 
election. It is hereby made the duty of each 
such town or city clerk to call at the 
office of such county clerk at such time 
and receive such ballots and stationery. 
In the cities of New York and Buffalo 
the board or officer required to provide 
such ballots and stationery shall caus? 
them to be delivered to the board of iif 
spectors of each election district at lea? 
one-half hour before the opening of ttt 
polls on each day of election. Each kinV 
of official ballots shall be arranged in a 
package in the consecutive order of the 
numbers printed on the stubs thereof, 
beginning with number one. All official 
and sample ballots provided, for such 
election shall be in separate sealed 
packages, clearly marked on the outsid® 
thereof with the number and kind of 
ballots contained therein and indorsed 
with the designation of the election dis¬ 
trict for which they were prepared. The 
instruction cards and other stationery 
provided for each election district shall 
also be inclosed in a sealed package or 
packages, with a label on the outsid© 
thereof showing the contents of each s \tff 
package. Each such town and city cl© 
receivin'* such packages shall cause 
such packages so received and marked 
for any election district to be delivered 
unopened and with the seals thereof un¬ 
broken to the inspectors of election of 
Such election district one-half hour be- 


ia original. 





















































; 46 


Eagle Library—THE ELECTION LAW OF THE STATE OF NEW YORK 


fore the opening of the polls of such 
election therein. The inspectors of elec- 

OFFICIAL RETURN of votes 

cast for PRESIDENTIAL ELECTORS 

lion receiving such packages shall give 
to such town or city clerk, or board, 
delivering such packages a receipt there¬ 
for specifying tho number and kind of 

viCIivI HI vllUIl, 

November.19 


.Assembly District. 

.Election District. 

Number of ballots voted was: 


packages received by them, which re¬ 
ceipt shall bq filed in the office of such 
clerk or board. Town, city and village 
clerks required to provide the same for 
town meetings, city and village elections 
held at different times from a general 
election, shall in like manner, deliver to 
the inspectors or presiding officers of the 
election at each polling place at which 
such meetings and elections are held, re¬ 
spectively, the official ballots, sample 
ballots, instruction cards and other sta¬ 
tionery, required for such election or 
town meeting, respectively, in like sealed 
packages marked on the outside in like 
manner, and shall take and file receipts 
therefor in like manner in their respec¬ 
tive offices. 

Errors and omissions in ballots. 

Sec. 344. Upon affidavit, presented by 
any voter, that an error or omission has 
occurred in the publication of the names 
or description of the candidates nom¬ 
inated for office, or in the printing of 
sample or official ballots, the supreme 
court, or a justice thereof, may make an 
order requiring the county clerk or other 
officer or board charged with the duty 
in respect to which such error or omis¬ 
sion occurs to correct such error, or 
show cause why such error should not 
be corrected. The county clerk or such 
other officer or board shall, upon his 
own motion, correct without" delay any 
patent error in the ballots which they 
may discover, or which shall be brought 
to their attention, and which can be cor¬ 
rected without interfering with the timely 
distribution of the ballots to the in¬ 
spectors for use at such election. 


Straight Ballots: 

For [Republican] candidates.- 

For [Democratic] candidates. 

[Print the names of the parties in the order 
in which they appear on the ballot.] 

Split Ballots .. 

Ballots wholly blank (no vote being cast thereon for any 

candidate)... 

Void Ballots (no vote being counted thereon for any candidate) 

Total. 

N. B. This total must exactly equal the number of ballots voted. _ 


The candidates named below received the number of votes set opposite their / 

respective names: 


NUMBER 

OP 

VOTES 


[Republican] 

Electors 


[Democratic] 

Electors 


NUMBER 

OF 

VOTES 


Candidates not 
on the ballot 
(Write In Names) 


NUMBER 

OF 

VOTES 


[Print the groups, and also the names In the groups, in the order In which they 
appear on the Ba llot. ] _ 

The number of blank, void and protested ballots was: 


The number of ballots taken from the ballot box by the chairman as excess 
ballots and placed with the spoiled and mutilated ballots, was: 


STATE OF NEW YORK, 


COUNTY OF . J 

The undersigned, being duly sworn, do depose and say, each for himself, that the fore¬ 
going is a correct return of the ballots cast for presidential electors at the election held 
on the day of November, 19 , at the Election District In 

the Assembly District in the County of 

Sworn to before me this. . Inspector* 

day of November, 19 . Inspector! 

•.Inspector. 

.Inspector. 

.‘A,','. .Boll Clerk. 

Ballot. Clerks. . p 0 u 

N. B. To two out of the three returns tally sheets must be annexed. 


Unofficial ballots. 

Sec. 345. If tho official ballots required 
to be furnished to any town or city clerk, 
or board, shall not be delivered at the 
time required, or if after delivery shall 
be lost, destroyed or stolen, the clerk of 
such town or city, or such board, shall 
cause other ballots to be prepared as 
nearly in the form of the official ballots 
as practicable, but without the indorse¬ 
ment, and upon the receipt of ballots so 
prepared from such clerk or hoard, ac¬ 
companied by a statement under oath 
that the same have been so prepared and 
furnished by him or them, and that the 
official ballots have not been so deliv¬ 
ered, or have been so lost, destroyed or 
stolen, the inspectors of election shall 
cause the ballots so substituted to he 
used at the election in the same man¬ 
ner, as near as may he, as the official 
ballots. Such ballots so substituted shall 
be known as unofficial ballots. 


1 ARTICLE 10. 

CONDUCT OF ELECTIONS AND CAN¬ 
VASS OF VOTES. 

Section 350. Opening the polls. 

351. Persons within the guard¬ 

rail. 

352. Watchers; challengers; 

electioneering. 

353. General duties of inspect¬ 

ors, 

354. General duties of ballot 

clerks. 

355. General duties of poll 

clerks. 

356. Delivery of ballots to 

voters. 

357. Assistance to disabled or 

illiterate voters. 

358. Preparation of ballots by 

voters, 

559. Manner of voting, 

360. When unofficial ballots 

may be voted, 

361. Challenges. 


»As renumbered by chap. S00, Laws of 1913. 


362. Preliminary oath. 

363. General oath and addi¬ 

tional oaths. 

364. Record of persons chal¬ 
lenged, 

365. Time allowed employees 

to vote. 

366. Canvass of votes; prepa¬ 

ration for canvass. 

367. Comparing poll books 

and registers: verifying 
number of ballots. 

368. “"Intent of voters. 

369. *Method of counting. 

370. “"Protesting ballots 

marked for Identifica¬ 
tion. 

371. "Wilful defacement of 

ballots. 

372. Statement of canvass to 

be delivered to police, 

373. “"Original statement of 

canvass and certified 
copies; preservation of 
void and protested bal¬ 
lots. 

374. Preservation of ballots 

not void or protested. 

375. Proclamation of result, 

376. Sealing statements. 

377. Delivery and filing of 

papex-s relating to the 
election; general provi¬ 
sions. 

378. Delivery and filing of 

papers in the city of 
New York. 

379. ^Additional requirements 


•So in original. 

lr Section repealed by chap. S49, Laws of 

1911.___ 


in the metropolitan elec¬ 
tions district. 

380. Delivery and filing of 

papers in the county of 
Erie. 

381. Judicial investigation of 

ballots. 

Opening the polls. 

Sec. 350. The inspectors of election, poll 
clex-ks and ballot clerks of each election 
district shall meet at the polling place 
therein at least one-half hour before the 
time set for opening the polls at each 
election for which official ballots are re¬ 
quired to be provided, and shall proceed 
to arrange the space within the guard¬ 
rail and the furniture thereof, including 
the voting booths, for the orderly and 
legal conduct of the election. 

The inspectors of election shall then 
and there have the ballot boxes required 
by law for the reception of ballots to 
he voted thereat; the box for the recep¬ 
tion of ballots found to be defective in 
printing or mutilated before delivery to, 
and ballots spoiled and returned by, 
voters; the box for the stubs of voted 
and spoiled ballots; the sealed packages 
of official ballots, sample ballots and in¬ 
struction cards and distance markers, 
poll books, tally sheets, return blanks 
and other stationery required to be de¬ 
livered to them for such election; and if 
it be an election at which registered 
voters only can vote, the register of such 
voters required to he made and kept 
therefor. 

The inspectors shall thereupon ope» 
the sealed packages of instruction cards 
and cause them to he posted coo- 





































































Eagle Library—THE ELECTION LAW OF THE STATE OF NEW YORK 




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Eagle Library-THE ELECTION LAW OF THE STATE OF NEW YORK 


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• • 'I 1 -'- ■ ; "... . . . • .< 

Eagle Library-THE ELECTION LAW OF THE STATE OF NEW YORK 


6picuously, at least one, and if print¬ 
ed in different languages, at least 
one of each language, in each of 
the voting booths of such polling 
place, and at least three of each lan¬ 
guage in which they are printed in or 
about the polling place; shall open the 
sealed packages of official ballots and 
sample ballots, and place them in charge 
of the ballot clerks, and shall place the 
poll books in charge of. the poll clerks, 
and shall cause to be placed at a distance 
of one hundred feet from the polling 
place the visible markers designated 
herein as “distance markers,” to pro¬ 
hibit “loitering or electioneering” within 
such distance. They shall also, before 
any ballots are cast, see that the voting 
bboths are supplied with pencils having 
black lead only, unlock the ballot boxes, 
see that they are empty, allow the 
watchers present to examine them, and 
shall lock them up again while empty in 
euch manner that the watchers present 
and persons just outside the guard-rail 
can see that such boxes are empty when 
they are relocked. 

After such boxes are so relocked they 
shall not be unlocked or opened until the 
closing of the polls of such election, and, 
except as authorized by law, no ballots 
or other matter shall be placed in them 
after they are so relocked and before 
the announcement of the result of such 
canvass and the signing of the original 
statement of canvass and the two certi¬ 
fied copies thereof. The instruction cards 
and distance markers posted as provided 
by law shall not be taken down, torn or 
defaced during such election. The ballot 
clerks with the official and sample bal¬ 
lots, the inspectors with such boxes and 
register of voters, and the Doll clerks 
with their poll books, shall be stationed 
as near each other as practicable with¬ 
in such inclosed space. One of the in¬ 
spectors shall then make proclamation 
that the polls of the election are open, 
and of the time in the afternoon when 
the polls will be closed. 

Persons -within the pru nrd-rni 1. 

Sec. 351. From the time of the opening 
of the polls until the announcement of 
the result of the canvass of the votes 
cast thereat, and the signing of the offi¬ 
cial returns of such canvass and the 
copies thereof, the boxes and all official 
ballots shall be kept within the guard¬ 
rail. No person shall be admitted with¬ 
in the guard-rail during such period, 
except inspectors, poll clerks, ballot 
clerks, duly authorized watchers, per¬ 
sons admitted by the inspectors to pre¬ 
serve order or enforce the law, and per¬ 
sons duly admitted for the purpose of 
voting; provided, however, that candi- | 
dates for public office voted for at such 
polling place may be present at the can¬ 
vass of the votes, 

Watchers; challengers; electioneer¬ 
ing. 

Sec. 352. Each political party or in¬ 
dependent body duly filing certificates 
of nomination of candidates for offices ! 
to be filled at any such election, may, 
by a writing signed by the duly au- j 
thorized county, city, town or village 
committee of such political party or 
independent body, or by the chairman 
or secretary thereof charged with that i 
duty, and delivered to and filed with 
one of the inspectors of election, ap¬ 
point not more than two watchers to 
attend each polling place thereof. Such 
committee, charman or secretary there¬ 
of for a city, county, town or village 
shall not appoint watchers for any poll¬ 
ing place outside of such city, county, 
town or village, respectively. Each 
watcher must be a qualified elector of 
the county in which the election district 
for which he is appointed a watcher 
shall be located, provided that women | 
who are citizens and residents of the 
county, and of the age of twenty-one 
years, may act as watchers, with full 
rights and privileges of such office, at 
any election whenever held at which a 
Woman suffrage constitutional amend -1 


ment is submitted to the voters except 
that but one woman watcher for, and 
one woman watcher opposed to, the 
adoption of such amendment shall be 
permitted in each election district. Such 
watchers may be present at such poll¬ 
ing place and within the guard-rail 
from at least fifteen minutes before tho 
unlocking and examination of any bal¬ 
lot box at the opening of the polls of 
such election until after the announce¬ 
ment of the result of the canvass of the 
votes cast thereat and the signing of 
the returns of the canvass by the in¬ 
spectors. 

A reasonable number of challengers, 
at least one person of each such party 
or independent body, shall be permitted 
to remain just outside the guard-rail of 
j each such polling place, where they can 
plainly see what is done within such 
rail outside of the voting booths, from 
the opening to the close of the polls 
thereat. Each challenger must be a 
qualified elector of the county in which 
J the election district for which he is 
| appointed a challenger is located. 

No person shall, while the polls are 
open at any polling place, do any elec- 
I tioneering within such polling place or 
within one hundred feet, therefrom in | 
any public street or in any building or j 
[ room, or in a public manner, and no 
political banner, poster or placard shall 
be allowed in or upon such polling place 
during any day of registration or of 
j the election. [As amended by chap. 

428, Laws of 1910, chap. 649, Laws of 
I 1911, chap. 821, Laws of 1913, and chap. 
242, Laws of 1914.] 

General Unties of inspectors. 

Sec. 353. One of the inspectors of elec¬ 
tion at each polling place shall he des¬ 
ignated by the board of inspectors of 
election to receive the ballots from the 
voters voting; or if a majority of the 
inspectors shall not agree in such desig¬ 
nation, they shall draw lots for such 
j position. If it be an election for which 
voters are required to be registered, the 
other inspectors shall, before any bal¬ 
lots are delivered by the ballot clerks 
to a voter, ascertain whether he is duly 
registered. The ballot clerks shall not 
deliver any ballot to such voter until the 
inspectors announce that he is so reg¬ 
istered. As each voter votes, the in¬ 
spectors shall check his name upon such 
register and shall enter therein in the 
column provided therefor opposite the 
name of such voter, the consecutive 
number upon the stub of the ballot or 
set of ballots voted by him. The in¬ 
spector shall forthwith upon detaching 
[the stub from any official ballot deposit 
■ the same in the box provided for de¬ 
tached stubs. 

General Unties of ballot clerks. 

Sec. 354. Ballot clerks shall fold and 
deliver the ballots to voters. Ballots 
shall be delivered in numerical order 
beginning with number one. When the 
ballots are in sets they shall only be 
delivered in sets. If a ballot is found | 
to be defective or mutilated before it | 
is delivered to the voter, its stub and 
the stubs of all other ballots in the set 
shall immediately be detached and 
placed in the box for stubs, and all the 
ballots of ths.t set shall immediately 
be marked “canceled” and placed in 
the box for -poiled and mutilated bal¬ 
lots. If a voter returns a ballot as de¬ 
fective, mutilated, defaced, or wrongly 
marked, he shall also return all the 
other ballots of the set, if any, and the 
ballot clerks shall likewise remove their 
stubs, placing all the stubs in the box 
for stubs and all the ballots of the set 
in the box for spoiled or mutilated bal¬ 
lots, first marking the ballots “can¬ 
celed.” In each case the voter shall 
receive another ballot, or set of bal¬ 
lots, unless not entitled thereto under 
section three hundred and fifty-eight. 

Upon each delivery of official ballots, 
the ballot clerks shall announce the 
voter’s name and the number on the | 


stub, and they shall make a similar 
announcement when any ballot is re¬ 
turned to them. 

The ballot clerks shall keep a record 
of all ballots deposited in the box for 
spoiled and mutilated ballots. [As 
amended by chap. 821, Laws of 1913.] 

General Unties of [toll clerks. 

Sec. 355. 1. Poll clerks shall keep a 
record of the persons voting or offering 
to vote, and tally the votes during the 
canvass thereof. 

2. Each poll clerk at each polling 
place for which official ballots are re¬ 
quired to be provided shall have a poll- 
book for keeping the list of electors 
voting or offering to vote thereat at 
the election. Such book shall have 
eight columns headed respectively: 
“Number of elector,” “Names of elec¬ 
tors,” “Residence of electors,” "Signa¬ 
ture or statement number of elector,” 
“Signatures compared by inspector,” 
“Number on ballots delivered to elec¬ 
tors,” “Number on ballots voted,” and 
"Remarks.” Previous to each delivery 
of an official ballot or set of official 
ballots by the ballot clerk to an elector, 
each poll clerk shall enter upon his 
poll-book in the appropriate column the 
number of the elector, in the successive 
order of the delivery of ballots to elec¬ 
tors, the name of the elector in the 
alphabetical order of the first letter of 
his surname, his residence by street and 
number or if he has no street number, a 
brief description of the locality there¬ 
of. The column headed “Signature or 
statement number of elector,” shall 
have printed above each horizontal line 
the words “the foregoing statements 
are true,” and the elector shall previous 
to the receipt of an official ballot sign 
his name by his own hand and without 
assistance, using an indelible pencil or 
ink, below the said words in the poll- 
hook kept by the poll clerk who shall 
be designated by the chairman, of the 
board of inspectors. 

After the elector shall have so signed, 
and before an official ballot shall be 
given to him, one of the inspectors 
other than the inspector who receives 
the ballots from the electors shall com¬ 
pare the signature made in the poll- 
book with the signature heretofore 
made by the elector in the registration 
book on registration day, and if said 
signature is the same, or sufficiently 
similar to the signature written on reg¬ 
istration day, as to identify it as being 
written by the same person who wrote 
the signature on registration day, said 
inspector shall thereupon certify that 
fact by writing his initials after such 
signature, in the column headed "Sig¬ 
natures compared by inspector.” The 
inspector who shall so certify shall be 
chosen by lot by the board previous to 
the opening of the polls on election day, 
and if said inspector so chosen shall 
absent himself during the day, the 
board of inspectors shall fill his place 
by choosing by lot from the inspectors 
present another of the inspectors other 
than the inspector who receives the 
ballots from the electors. 

If the elector on registration day al¬ 
leged his inability to so sign, then one 
of the poll clerks designated by the 
chairman of the board of Inspectors 
shall read the same list of questions to 
the elector as were required to be read 
on registration days from a book to 
be provided for election da- 1 ' and to be 
known as “identification statements for 
election day,” and said poll clerk shall 
write the answers of the elector there¬ 
to. Each of these statements shall be 
numbered and a number corresponding 
to the number on the statement sheet 
shall be entered in the fourth column 
opposite the name of the said elector 
answering the questions. The questions 
answered on registration day by the 
elector shall not be turned er in¬ 
spected until all the answers to said 
questions shall have been written danm, 


















50 


Eagle Library—THE ELECTION LAW OF THE STATE OF NEW YORK 


"-;-- | 

on election day by said poll clerk. Any 
person who shall prompt an elector in 
answering any questions provided in 
this subdivision shall be guilty of a 
felony. 

At the bottom of each list of ques¬ 
tions shall be printed the following 
statement: “I certify that I have read 
to the above named elector each of the 
foregoing questions and that I have 
duly recorded his answers as above to 
each of said questions,” and said poll 
clerk who has made the above record 
shall sign his name to said certificate 
and date the same, and note the time 
of day of making such record. 

The comparison of the signature of an 
elector made on registration and elec¬ 
tion days, and a comparison of the an¬ 
swers made by an elector on regisfi.i- 
tlon and election days, shall be had in 
full view of the watchers, and the right 
to challenge electors shall exist until the 
ballot shall have been deposited in the 
ballot box. If the signature of the elec¬ 
tor or the answers to the questions made 
by the elector do not correspond, then 
it shall be the privilege of the watch¬ 
ers and challengers to challenge and 
the duty of each inspector to chal¬ 
lenge, unless some other authorized 
person shall challenge. Each poll 
clerk shall also enter upon his poll- 
book in the appropriate column the 
printed number upon the stub of the 
ballots delivered to such elector, and 
the number on the ballots voted by | 
him. If the ballot or set of ballots de- 
livered to any elector shall be returned 
by him to the ballot clerk, and he 
shall obtain a new ballot or set of bal¬ 
lots, the poll clerk shall write oppo- 
site his name on the poll-books, in the 
proper column, the printed numoei 
on the stub of such ballot or addition¬ 
al set of ballots. Each poll clerk shall 
make a memorandum upon his poll- 
book opposite the name of each per¬ 
son who shall have been challenged 
and taken either of the oaths pre¬ 
scribed upon such challenge, or who 
shall have received assistance in pre¬ 
paring his ballot and shall also enter 
upon the poll-book opposite the name 
of such person the names of the elec¬ 
tion officers or persons who render 
such assistance, and the cause or rea¬ 
son for such assistance by the elector 
assisted. As each elector offers his 
ballot or set of ballots which he in¬ 
tends to vote to the inspector, each 
poll clerk shall report to the inspector 
whether the number entered on the 
poll-book kept by him as the number 
on the ballot or set of ballots last de¬ 
livered to such elector is the same as 
the number on the stub of the ballot 
or set of ballots so offered. As each 
elector votes, each poll clerk shall en¬ 
ter in the proper column on his poll- 
book the number on the detached stub 
of the ballots voted. [As amended by 
chap. 428, Laws of 1910, chap. 649, 
Laws of 1911, and chap. 821, Laws of 
1913.] 


Dot; very of ballots to voters. 

Sec. 356. While the polls of the elec¬ 
tion are open, the voters entitled to vote 
and who have not previously voted there¬ 
at. may enter within the guard-rail at 
the polling place of such election for the 
purpose of voting in such order that 
tnere shall not at any time be within 
*ueh guard-rail more than twice as many 
voters as there are voting booths there¬ 
at, in addition to the persons lawfully 
within guard-rail for other purposes 
than voting. The voter shall enter within 
the guard-rail through the entrance pro¬ 
vided, and shall forthwith proceed to the 
inspectors and give his name, and, if in 
a city or village of five thousand inhab¬ 
itants or over, his residence by. street 
and number, or if it have no street num¬ 
ber, a brief description of the locality 
thereof, and if required by the inspec¬ 
tors shall state whether he is over or 
under 21 years of age. One or the in¬ 
spectors shall thereupon announce me 


name and residence of the voter in aloud 
and distinct tone of voice. No persons 
shall he allowed to vote in any election 
district at any election where voters are 
required to be registered unless his name 
shall be upon the registration books of 
such election district. 

The right of any person to vote whose 
name is on suen register shall he subject 
to challenge. If such voter is entitled to 
vote thereat and is not challenged, or if 
challenged and the challenge be decided 
in his favor, one of the ballot clerks shall 
then deliver to him one official ballot or a 
set of official ballots, folded by such ballot 
clerk in the proper manner for voting, 
which is: First, by bringing the bottom 
of the ballot up to the perforated line, 
and second, by folding both sides to the 
center, or towards the center, in such 
manner that when folded the face of each 
ballot shall be concealed, and the printed 
number on the stub and the indorsement 
on the back of the ballot shall be visible, 
so that the stub can be removed without 
removing any other part of the ballot, 
and without exposing any part of the face 
of the ballot below the stub, and so that 
when folded the ballot shall not be more 
than four inches wide. 

No person other than an inspector or 
ballot clerk shall deliver to any voter 
within such guard-rail any ballot, and 
they shall deliver only such ballots as the 
voter is legally entitled to vote, and also 
the sample ballot when the same is asked 
for. 


Assistance to disabled or Illiterate 
voters. 

Sec. 357. Any voter who shall, at the 
time of registration, have made oath of 


ner request, or seek to persuade, or in¬ 
duce any voter to vote any particular 
ticket or for any particular candidate, 
and that he will not keep or make any 
memorandum or entry of anything occur¬ 
ring within the booth, and that he v i 
not, directly or indirectly, reveal to any 
person the name of any candidate '° e 
for by any voter, or which ticket he has 
voted, or anything occurring within the 
voting booth, except he be called upon to 
testify in a judicial proceeding tor a vio¬ 
lation of the election law. The san 
oath shall he taken by every voter ren¬ 
dering such assistance, as P ro jIJ® d . « 
above, and any violation of this oath 
be a felony punishable upon eonvictio 
by imprisonment in a state prison for 
less than two nor more than ^ n year .’ 

No voter shall otherwise ask or receive 
the assistance of any person within the 
polling place in the preparation of his 
ballot, or divulge to any one within ti 
polling place the name of any candidate 
for whom he intends to vote or has -\otea. 

Preparation of ballots by ’ roter *’ 

Sec. 358. On receiving his ballot the 
voter shall forthwith and without leav¬ 
ing the inclosed space retire alone, 
unless he be one that is entitled to as¬ 
sistance in the preparation of his> bal¬ 
lot, to one of the voting booths, and 
without undue delay unfold and mark 
his ballot as hereafter prescribed. No 
voter shall be allowed to occupy a 
booth already occupied by another, °r 
to occupy a booth more than five min¬ 
utes in case all the booths are in use 
and voters waiting to occupy the same. 

It shall be unlawful to deface or 
tear an official ballot in any manner; 
or to erase any printed line, letter or 


physical disability or illiteracy, as pre- j wort ] therefrom; or to erase any name 


scribed by section one hundred and sixty- | ( ,,. niar k written thereon by a voter. 


four of this chapter; or who, being duly a vot(?r wrongly mark, deface, or 

_ . i : 1 ~ a. ■ _ a : _ i»i. ...U .. a _.4. -P K r> 1 1 t O 


registered in an election district where 
personal registration by all voters is re¬ 
quired by law, shall state under oath to 
the inspectors ot election on the day of 
election that, by reason of some accident, 
the time and place of which he must 
; specify, or of disease, the nature of which 


he must also specify, he has, since the ; anc \ n ot otherwise 


tear a ballot or one of a set of ballots, 
he may successively obtain others, one 
set at a time, not exceeding in all three 
sets, upon returning to the ballot clerk 
each set of ballots already received. 

The voter shall mark his ballot with 
a pencil having black lead as follows 


day upon which he registered, lost the' i. To vote for an entire group of 


use of botli hands, or become totally presidential electors of any party by 
blind, or afflicted by such degree of blind- means of a single mark, he shall make 


ness as will prevent him, with the aid of a cross X mark in the circle above 
asses, from seeing the names printed 1 the party column. 


upon the official ballot, or so crippled ; 


To vote for any candidate on any 


that he can not enter the voting booth | ballot, except for an entire group of 


nd prepare his ballot without assistance; presidential electors by means of a 


or any voter in an election district who single mark, he shall make a cross X 


s not required by law to personally reg- mark in the voting square at the left 


ister, who is unable to write by reason of the candidate’s name. 


of illiteracy, or is physically disabled in 3. If a voter makes a cross X mark 


one or more ways described in section in the circle above a party column 
one hundred and sixty-four of this chap- and also makes a cross X mark in one 


ter, and who shall make the statement or more voting squares at the left of 
under oath to the inspectors in the form the names of one or more presidential 


required in said section, may choose two electors or writes in a name or names, 
of the election officers, both of whom he sjrall he deemed to have voted for 


shall not be of the same political faith, the electors whose names are thus 
to enter the booth with him to assist him specially indicated and also for all the 


in preparing his ballots. At any town electors on the ticket so marked in the 
meeting or village election where the circle, except those whose names are 


election officers are all of the same po- opposite to the names so specially in- 
litical faith, any voter entitled to assist- dicated. 


ance as herein provided may select one of 4. To vote for any candidate not on 


such election officers and one voter of the ballot, he shall write the candi- 
such town or village of opposite politi- date’s name on a line left blank in 


cal faith from such election officer so the appropriate place. , 

5. To vote on any constitutional 


selected, to render such assistance. 

Such election -’officers or persons as- 


amendment or question submitted, he 


sisting a voter shall not in any manner shall make a cross X mark in the ap- 


request or seek to persuade or induce any 
such voter to vote any particular ticket 
or for any particular candidate, and shall 


propriate voting square at the left of 
the question as printed on the ballot. 
A cross X mark shall consist of any 


of any candidate voted for by such voter, erasure of any kind shall make the 
or which ticket he has voted, except they 'Whole ballot void; but no ballot shall 


be called upon to testify in a judicial pro¬ 
ceeding' for a violation of this chapter, 


make oath that he “will not in any man- 1 , , a F do any act extrinsic to the bai- 


not keep or make any memorandum or straight line crossing any other 
entry of anything occurring within such j straight line, at any angle, within a 


booth, and shall not, directly or indirect- circle or voting square. Any mark 
ly, reveal to any other person the name ' ot h e1 ' than a cross X mark or any 


be declared void because a cross X 
mark thereon is irregular in character. 


and each election officer, before the open- i -'^ n y ballot which is defaced or torn by 
ing of the polls for the election, shall I the voter shall be void. If a voter 


*So in original. 


lot itself, such as inclosing any paper 
or other article in the folded ballot. 


















Eagle Library—THE ELECTION LAW OF THE STATE OF NEW YORK 


51 


such ballot shall be void. If the 
elector marks more names than there 
aie Persons to be elected to an office, 
°F * or any other reason it is impos¬ 
sible to determine the elector’s choice 
or a candidate for an office to be filled, 
vo . te shall not be counted for such 
office but shall be returned as a blank 
vote for such office. Where, in the 
case of a candidate for governor, the 
candidate is nominated by two or more 
political organizations, and the voter 
makes a cross X mark in two or more 
voting spaces or squares, his vote for 
®h c h Candidate shall be counted, but 
he shall not be recorded in the tally 
sheet or returns as voting- with any 
particular party or independent body 
[As amended by chap. 29 6, Laws of 
1911, and chap. 821, Laws of 1913.] 
Manner «f voting. 

Sem 359. When the ballot or ballots 
f.hieh a voter has received shall be pre¬ 
pared as provided in the preceding sec- 
f 1 . 011 ! shall leave the voting booth with 
his ballot folded so as to conceal the face 


at, or if the supply of official ballots shall 
be exhausted before the polls are closed, 
unofficial ballots, printed or written, 
made as nearly as practicable in the 
form of the official ballot, may be used. 

Challenges. 

Sec. 361. A person may bo challenged 
either when he applies to the ballot clerk 
for official ballots, or when he offers to 
an inspector the ballot he intends to vote. 


any duly appointed watcher or chal¬ 
lenger must be acted upon by the 
board of inspectors as provided in this 
section. If any person shall refuse to 
take such preliminary oath when so ten¬ 
dered, or to answer fully any such ques¬ 
tion which may be put to him, his vote 
shall be rejected. After receiving the 
answers of the person so challenged, the 
board of inspectors shall point out to 
him the qualifications, if any, in respect 


?L e "i°^i y K by n ° tie , C t0 that cftcct t0 Which lie shall appear to them de 


an inspector by any elector. It $hall be 
the duty of each inspector to challenge 
every person offering to vote whom he 
shall know or suspect not to be duly 
qualified as an elector, and every person 
whose right to register as an elector was 
challenged at the time or registration, 
provided such challenge has *not previ¬ 
ously been withdrawn. In addition to 
the foregoing any person may be chal¬ 
lenged by any duly appointed watcher or 
challenger either when lie applies to the 
bailor clel'k for official ballots or when 
he offers to an inspector the ballot he 



. 1 ' Cl” v * ivo (111 Vi 1 V. V. 

spector Such insmwnr SUCh len sed, it shall bo the duty of the chair- 

m,r d ss' rm 

““I"* > 7 ‘ T “‘fir 11 sw: iWM R5 

then and thor' 0 vnt ' to such applicant each question upon the 


lengeror ff^haneSd’-fn^tb 6 n , ot 11 f ‘ ha1 'I copy or the challenge affidavit signed at 
be decided the time of registration by the person 

or ballots a>« ntlTil’ upon whose name the applicant, desires 


or ballots are properly folded, and have 
*no mark or tear visible on the outside 
thereof, except the printed number on the 


to vote, and the inspectors and watchers 
shall compare the answers given to such 
questions with the answers recorded 

challenge 


stub and the printed indorsement on the thereto upon the copy* of said 

numbt T the affidavit, aiul shall carefully compare 
f, me as * hat cutcred on the poll books as the description of the person challenged 
^ 0 L£. e at the time of registration recorded upon 


official ballot or set of ballots last deliv¬ 
ered to him by the ballot clerk, such in- that of the applicant 
spector shall receive such ballot or bal 


the copy of the challenge affidavit with 
If there shall be 


, any material difference or conflict he¬ 
lots, and after removing the stub or tween the answers given bv the applicant 

C r n nc t h a r> a» y s-\ i-a > »-» a 1,< !>, - 5 .. it. , 


stubs therefrom in plain view of the 
voter, and without removing any other 
part of the ballot, or in any way exposing 
any part of the face thereof below the 
stub, shall deposit each ballot in the 
proper ballot box for the reception of 
voted ballots, and the stubs in the box 
for detached ballot stubs. Upon voting, 
the voter shall forthwith pass outside 
the guard-rail unless he be one of the 
persons authorized to remain within the 
guard-rail for other purposes than vot¬ 
ing. 

No ballot without the official in¬ 
dorsement shall be allowed to be de¬ 
posited in the ballot box except as 
provided by sections three hundred and 
forty-five and three hundred and sixty 
of this chapter, and none but ballots 
provided in accordance with the pro- 


and the answers recorded upon the copy 
of the challenge affidavit to the ques¬ 
tions printed thereon, or in the descrip¬ 
tion of the person challenged and the 
applicant, or if the applicant shall ret 
fuse to answer any question put to him, 
or shall refuse to make such oath, his 
vote shall not be received and the facts 
thereof shall be recorded in each such 
case in the challenge record provided for 
in section three hundred and forty-four. 
[As amended by chap. 428, Laws of 
1910, and chap. 649, Laws of 1911.] 

Preliminary ofitli. 

Sec. 362. If any person other.thari- those 
persons heretofore provided for offering 
to vote at any election shall be chal¬ 
lenged in relation 'to the right to vote 
thereat, one of the inspectors shall ten- 
visions of this chapter shall be I der to lnrn the following preliminary 
counted. No official ballot folded (bath: '‘You do swear (or affirm) that you 
shall be unfolded outside the voting 1 will fully and truly answer all such ques- 
booth. No person to whom any official 


ficient. [As amended by chap. 428, 
Laws of 1910, and chap. 649, Laws of 
1911.] 

General oath unit additional ontlis. 

Sec. 363. If the person so offering to 
vote shall persist in his claim to vote, 
and the challenge be not withdrawn, one 
of the inspectors shall then administer 
to him the following general oath: 

“You do swear (or affirm) that you are 
twenty-one years of age, that you have 
been a citizen of the United States for 
ninety days, and an inhabitant of this 
state for one year next preceding this 
election, and for the last four months 
a resident, of this county, and for the 
last thirty days a resident of this elec¬ 
tion district, and that you have not voted 
at this election.’’ 

If the person so offering to vote shall 
bo challenged for causes stated in sec¬ 
tion two of article two of the constitu¬ 
tion of this state, the following additional 
oath shall bo administered by one of the 
inspectors: 

“You do swear (or affirm) that you have 
not received or offered, do not expect to 
receive, have not paid, offered or prom¬ 
ised to pay, contributed, offered or prom¬ 
ised to contribute to another, to be paid, 
or used, any money or other valuable 
thing, as a compensation or reward for 
the giving or withholding of a vote at 
this election, and have not made any 
promise to influence the giving or with¬ 
holding of any such vote, and that you 
have not made, or become directly or in¬ 
directly interested in any bet or wager 
depending upon the result of this elec¬ 
tion.’’ 

If the person so offering to vote shall 
be challenged on the ground of having 
beep convicted of bribery or any infamous 
crime, the following additional oath shall 
be administered to him by one of the 
inspectors: 

“You do swear (or affirm) that you 
Pave not been convicted of bribery or 
any infamous crime, or if so convicted, 
that you have been pardoned and re¬ 
stored to all the rights of a citizen.” 

If any person shall refuse to take either 
oath so tendered his vote shall be re¬ 
jected, but. if he shall take the oath or 
onth<=\ tendered him, his vote shall be 
accepted. 

Record of persons challenged. 

Pec. 364. 1. The inspectors of elec¬ 
tion shall keep a minute of their pro¬ 
ceedings in respect to the challenging 


ballot shall be delivered shall leave the 
space within the guard-rail until after 
he shall have delivered back all such 
ballots received by him either to the in¬ 
spectors or to the ballot clerks, and a 
violation of this provision is a misde¬ 
meanor. 

When a person shall have received an 
official ballot from the ballot clerks or 
inspectors, as hereinbefore provided, he 
shall be deemed to have commenced the 
set of voting, and if, after receiving such 
official ballot, he shall leave the space 
inclosed by the guard-rail before the de¬ 
posit of his ballot in the ballot box, as 
hereinbefore provided, lie shall not bo 
entitled to pass again within the guard¬ 
rail for the purpose of voting, or to re¬ 
ceive any further ballots. 

When nnofflelnl ballots nmy be voted. 

Sec. 360. Il', for any cause, the official 
ballots sh$ll not be provided as required 
by law at any polling place, upon the 
opening of the polls of an election tliere- 


tions as shall 1)0 put to you touching , and administering- oaths to persons 
your place of residence and qualification offering 1o vote, in which shall be en- 


as an elector.” 

The inspectors or one of them shall 
then question the person challenged in 
relation to his name; his place of resi¬ 
dence before he came into that election 
district; his then place of residence; his 
citizenship; whether he be a native or 
naturalized citizen, and if the latter, 
when, where, and in what court, or be¬ 
fore what officer he was naturalized; 
whether he came into the election dis¬ 
trict for the purpose of voting at that 
election; how long he contemplates re- j 
siding in the election district; and all 
other matters which may tend to test 
his qualifications as a resident of the 
election district, his citizenship, or his ; 
right to vote at such election at such 
polling place and in addition to the fore¬ 
going provisions, the inspectors or one 
of them shall ask the person challenged 
the same questions that were asked j 
of him when he registered. A chal- 


tered by one of them the name of 
every person who shall be challenged 
or take either of such oaths, specify¬ 
ing in each case whether the prelim¬ 
inary oath or the general oath, or 
both, were taken. At the close of the 
election, the inspectors shall add to 
such minutes a certificate to the effect 
that the same are all such minutes as 
to all persons challenged at such elec¬ 
tion in such district. 

2. In a city having over one million 
inhabitants, in addition to the fore¬ 
going record, the chairman of each 
board of inspectors shall, immediately 
after an election or primary, return 
to every public officer who has filed 
with him or a member of his board a 
list of voters to be challenged, such 
challenge list with a written state¬ 
ment opposite each name, giving the 
reason, if the name was voted on, 
why the board permitted any person 


lengo made by any elector or by i tc vole thereon, or, if some pexse* 














Eagle Library—THE ELECTION LAW OF THE STATE OF NEW YORK 


P 62 


applied to vote thereon and was chal¬ 
lenged and did not vote, the words 
“challenged and did not vote’’; or if 
no person applied to vote on such 
name, the words “no application.” 
Before making such return such 
chairman shall sign his name at the 
foot of each page of such challenge 
list. [As amended by chap. 678, Laws of 
1915.] 

Time allowed employees to vote. 

Sec. 365. Any person entitled to 
voto at a general election held 
within this state, shall on the 
day of such election be entitled 
to absent himself from any service or em¬ 
ployment in which he is then engaged or 
employed, for a period of two hours, 
while the polls of such election are open. 
If such voter shall notify his employer 
before the day of such election of such 
intended absence, and if thereupon two 
successive hours for such absence shall 
be designated by the employer, and such 
absence shall be during such designated 
hours, or if the employer upon the day 
of such notice makes no designation, 
and such absence shall be during any two 
consecutive hours while such polls are 
open, no deduction shall be made from 
the usual salary or wages of such voter, 
and no other penalty shall be imposed 
upon him by his employer by reason of 
such absence. This section shall be 
deemed to include all employees of mu¬ 
nicipalities. 

Canvass of votes; preparation for 

canvass. 

Sec. 366. 1. Place and time of canvass. 
As soon as the polls of an election are 
closed, the inspectors of election there¬ 
at shall publicly canvass and ascer¬ 
tain the votes, and not adjourn or 
postpone the canvass until it shall be 
fully completed. 

The room in which such canvass is 
made shall be clearly lighted, and such 
canvass shall be made in plain view 
of the public. It shall not be lawful 
for any person or persons, during the 
canvass, to close or cause to be closed 
the main entrance to the room in 
which such canvass is conducted in 
Such manner as to prevent ingress or 
egress thereby. 

2. Ballot clerks. At the close of the 
polls the ballot clerks shall make up 
in triplicate in ink a return w r hich 
shall account for all the official ballots 
furnished to the election district in 
which they are serving; they shall 
count and verify the number of each 
kind of unused ballots, and enter it 
upon their returns; they shall then 
open the box for ballots canceled be¬ 
fore delivery and spoiled and returned 
by voters, separate them into their 
several kinds, count all ballots of each 
kind and enter the numbers upon their 
returns. They shall make the addi¬ 
tions and subtractions called for by 
the returns and prove their figures. 
In making their returns as aforesaid, 
the ballot clerks shall use the printed 
forms supplied to them with the bal¬ 
lots, and they shall carefully insert 
in all the blank spaces thereon the ap¬ 
propriate names, words and figures ac¬ 
cording to the directions contained in 
article nine of this chapter and printed 
on the forms. 

Each kind of ballot and each kind 
of stub shall immediately after they 
are counted as aforesaid be securely 
tied in a separate package, and shall 
be plainly labeled, sealed, and re¬ 
turned to the box from which it was 
taken, and the box securely locked 
and sealed. The ballot clerks shall 
also securely tie all unused ballots in 
a sealed package. They shall then 
sign and swear to their returns be¬ 
fore one of the inspectors and shall 
deliver their returns, the boxes, pack¬ 
ages, ballots and stubs, together with 
the keys of the boxes, to the chairman 
of the board of inspectors. The bal¬ 
lots so sealed and delivered shall be 


deposited and preserved as ballot boxes 
are hereinafter required to be de¬ 
posited and preserved. 

3. Poll clerks. Immediately upon the 
close of the polls the poll clerks shall 
assist the inspectors of election in 
comparing the poll-books with the 
registers as hereinafter provided, and 
shall make out in triplicate in ink and 
sign and swear to their returns before 
one of the inspectors of elections ac¬ 
cording to the forms provided, and de¬ 
liver them to the chairman. 

4. Order of canvassing. The ballot 
boxes shall then, and not before, be 
opened and the ballots shall be can¬ 
vassed, in the following order: 

First. The box, if any, containing 
presidential ballots. 

Second. The box, if any, containing 
general ballots; and 

Third. The boxes, if any, containing 
ballots upop constitutional amend¬ 
ments or other questions submitted, in¬ 
cluding town questions. [As amended 
by chap. 821, Laws of 1913.] 

Comparing poll-books ami registers; 

verifying number of ballots. 

Sec. 367. The board of inspectors 
shall commence the canvass by com¬ 
paring the two poll-books with the 
registers used on election day as to 
the number of voters voting at the 
election, correcting any mistakes 
therein, and, after the ballot clerks 
have delivered their returns to the 
chairman of the board, and not before, 
by counting the ballots found in the 
ballot boxes without unfolding them, 
except so far as to ascertain that each 
ballot is single, and by comparing the 
number of ballots found in each box 
with the number shown by the poll- 
books and the ballot clerks’ returns 
to have been deposited therein. 

If the ballots found in any box shall 
be more than the number of ballots 
so shown to have been deposited there¬ 
in, such ballots shall all be replaced, 
without being unfolded, in the box j 
from which they were taken, and shall 
be thoroughly mingled therein, and 
one of the inspectors designated by the 
board shall, without seeing the same 
and with his back to the box, publicly 
draw out as many ballots as shall be 
equal to such excess and, without un¬ 
folding them, forthwith inclose them 
in an envelope which he shall then and 
there seal and indorse “excess ballots 
from the box for ballots for (presiden¬ 
tial electors, or general officers, et 
cetera as the case may be),” signing 
his name thereto, and such envelope 
with the excess ballots therein shall 
be placed in the box for defective or 
spoiled ballots. 

If two or more ballots shall be found 
in the ballot box so folded together as 
to present the appearance of a single 
ballot, and if the whole number of bal¬ 
lots in such ballot box exceeds the 
whole number of ballots shown by the 
poll books and ballot clerks’ returns 
to have been deposited therein, and not 
otherwise, they, or enough of them to 
reduce the ballots to the proper num¬ 
ber, selection to be made without ex¬ 
amination of any voting mark thereon, 
shall similarly be inclosed, sealed, in¬ 
dorsed and placed with the spoiled 
ballots. 

If, however, there lawfully be more 
than one ballot box for the reception 
of ballots voted at the polling place, no 
ballot found in the wrong ballot box 
shall for that' reason be rejected, but 
shall be placed in its proper box by 
the inspectors upon the count of the 
| ballots before the canvass, and counted 
in the same manner as if found in the 
I proper ballot box, if such ballot shall 
i not, together with the ballots found in 
I the proper ballot box, make a total of 
more ballots than are shown by the 
poll-books and ballot clerks’ returns 
to have been deposited in the proper 
box. 

No ballot that has not the official 
indorsement shall be counted except 


such as are voted in accordance with 
the provisions of this chapter relaxing 
to unofficial ballots. [As amended by 
chap. 821, Laws of 1913.] 

Method of canvassing. 

Sec. 368. 1. Method of canvassing 

ballots generally. Except as herein¬ 
after specially provided, the method or 
canvassing ballots shall be as follows. 

The chairman of the board of in¬ 
spectors shall personally unfold each 
ballot of the kind then to be canvassed 
in such a manner that its face s hal' be 
down and all marks thereon shall be 
wholly concealed, and he shall place 
all the ballots, so unfolded and with 
their faces down, in one pile. He shall 
then take up each ballot in order, tuin 
it face up, and announce in a loud and 
distinct voice, the vote registered on 
the first section or that the ballot is 
void or that the section is blank, as 
the case may be. He shall then turn 
the ballot face down and place it in 
a new pile. When he has announced 
the votes on the first sections of all 
the ballots of the kind then to be can¬ 
vassed, and the poll clerk’s tallies 
made as hereinafter provided are 
proved to • be correct, the official re¬ 
turn provided for in article thirteen 
shall be filled out and signed. Then, 
and not before, the. chairman shall 
proceed to canvass in like manner tne 
votes upon the sections remaining to 
be canvassed, completing the canvass 
of each ballot as he proceeds, and thus 
he shall proceed until all the ballots 
have been canvassed. 

As each vote is announced each poll 
clerk shall immediately tally it in 
black ink, with a downward stroke 
from right to left upon the official 
tally sheet provided for the purpose, 
also carefully tallying one for each 
blank or void vote. Each poll clerk as 
he tallies a vote shall clearly announce 
the name of the candidate for whom 
he tallies it, or that he tallies the vote 
blank or void as the case may be, or 
in case of a question submitted that 
he tallies the vote “Yes” or “No,” as 
the case may be, and until such an¬ 
nouncement by each poll clerk the 
chairman shall not announce another 
vote. When a candidate’s name is 
not printed on the official tally sheet or 
return provided, it shall be written in 
full thereon in ink in its due order, 
that is, in the order in which it ap¬ 
pears on the ballot. The tally marks 
shall be made in due numerical order 
in the tally spaces provided. 

When all the sections relating to the 
same office or question shall have been 
canvassed, the number of ballots shall 
be compared with the tally thereof. If 
the result as shown on the tally sheets 
does not agree with the results as 
shown by the number of ballots, an 
error has been committed and a re¬ 
canvass must be made. Upon the re¬ 
canvass, the tally must be kept in red 
ink from left to right across the pre¬ 
vious tally marks. When all the er¬ 
rors have been corrected and the tally 
sheets have been found to be correct, 
the poll clerk shall indicate the last 
tally opposite each name by forthwith 
canceling at least the next ten unused 
tally spaces, if there are so many, and 
if there are not so many, then as many 
as possible, by drawing through them 
in red ink one or more horizontal 
straight lines. The tally sheets having 
been thus prepared, verified, and 
closed, the inspectors and poll clerks 
shall sign the certificate at the foot of 
each sheet in the places indicated 
thereon. [ As amended by chaps. 296 
and 649, Laws of 1911, chap 821, Laws 
of 1913, and chap. 244, Laws of 1914.] 

2. Canvassing ballots when more 
than one candidate is to be elected to 
the same office. When more than one 
candidate is to be elected to the same 
office, the foregoing method of can¬ 
vass shall be modified to meet the ne¬ 
cessities of the case, as follows: 

The chairman shall read the name# 










Eagle Library—THE ELECTION LAW OF THE STATE OF NEW YORK 


53 


of the candidates voted for in the or¬ 
der in which they appear in the sec¬ 
tion, and each poll clerk shall make 
an accurate tally of each vote as an¬ 
nounced upon the official tally sheet 
provided for the purpose. The chair- 
inan shall also announce the void bal¬ 
lots, if any, and the number of blanks, 
if any, upon the section, and each poll 
clerk shall make as many tallies for 
each void ballot as there are candi¬ 
dates thereon to be elected to the office 
in question, and one tally for each 
blank. 

3. Canvassing presidential ballots. 
The straight ballots, that is, all valid 
ballots on which all the candidates in 
any party group are voted for, shall 
be placed in piles, like with like, and 
the split ballots, that is, all valid bal¬ 
lots marked in one or more of the in¬ 
dividual voting squares or with names 
written thereon, shall be placed in one 
pile, and all void ballots and wholly 
blank ballots shall be likewise placed 
in separate piles. Each of the piles 
shall then be counted and the result 
clearly announced, and the number of 
straight votes for each candidate shall 
be entered in gross opposite his name 
on a tally sheet by each poll clerk, and 
the number of split, void and wholly 
blank ballots shall be similarly en¬ 
tered in the appropriate places. The 
chairman shall then take the split bal¬ 
lots and they shall be canvassed, an¬ 
nounced and tallied in the manner 
above provided for canvassing ballots 
when more than one candidate is to 
be elected to the same office. [As 
amended by chaps, 296 and 649, Laws 
of 1911, and chap. 821, Laws of 1913.] 

Objections to tlie counting; disposal 

of ballots. 

Sec. 369. If objection is taken to 
the counting of any ballot or section, 
the board of inspectors shall forth¬ 
with and before the canvassing any 
other ballot or section rule upon the 
objection. If the objection is contin¬ 
ued after this ruling, the chairman, or 
if he refuse, one of the other inspec¬ 
tors, shall write in ink upon the back 
of the ballot a memorandum of the 
ruling and objection. The memoran¬ 
dum of the ruling shall be in the words 
“Counted void/’ or “Counted blank,’’ 
or “Counted for (naming the candi¬ 
date or candidates or the presidential 
ticket),” or, in the case of a question 
submitted “Counted for Question No. 
—,” or “Counted against Question No. 
—,” as the case may be. The memo¬ 
randum of the objection shall be in 
the words “Objected to,” followed by 
a brief statement of the nature of the 
objection and the signature of tho 
chairman or other inspector. 

Any ballot as to the counting of 
which objection is not taken but which 
is wholly blank or wholly void shall 
be indorsed in ink by the chairman of 
the board of inspectors, or if he re¬ 
fuse, by one of the other inspectors, 
with the words, “Wholly blank” or 
“Wholly void,” as the case may be, and 
this memorandum of indorsement 
shall be followed by the signature of 
the chairman or other inspector. 

In each case in which objection is 
taken or in which any ballot is can¬ 
vassed as wholly blank or wholly void, 
each poh clerk shall tally once in the 
place provided at the foot of t'ne tally 

When all the ballots of any one kind 
shall have been canvassed, the chair¬ 
man of the board of inspectors or, if 
he refuse, one of the other inspectors, 
shall carefully and securely place all 
the ballots of that kind as to the 
counting of which any objection was 
taken, all ballots which are wholly 
void, and ballots which are wholly 
blank, in a separate sealed package, 
which shall be indorsed on the out¬ 
side thereof with the names of the in¬ 
spectors, the designation of the elec¬ 
tion district, and the number and kind 
of ballots contained therein. The pack¬ 


age so sealed shall be known as the 
package of protested, void and wholly 
I blank ballots and shall be disposed of 
| as hereinafter provided in sections 
1 three hundred and seventy-six, three 
| hundred and seventy-seven, three hun¬ 
dred and seventy-eight and three hun¬ 
dred and eighty of this chapter. The 
other ballots shall be tied together, 
j labeled, and returned to the ballot box 
from which they were taken before 
proceeding to canvass the next kind 
of ballots to be canvassed. 

Any inspector who shall refuse to 
write in ink upon the back of any 
ballot a memorandum of a ruling or 
; objection to the counting thereof, or 
! shall refuse to place in the package 
; of protested ballots any ballot as to 
i the counting of which any objection 
j has been taken, shall be guilty of a 
felony. [As amended by chap 821, 
Laws of 1913.] 

Proving the tallies. 

Sec. 370. 1. Proving the tally of 

ballots other than those for presiden¬ 
tial electors. Immediately upon count- 
| ing the vote for any question, or for 
any office other than that of presiden¬ 
tial elector, the poll clerks shall verify I 
their figures by adding together all the 
votes tallied-therefor, whether for a 
candidate, or for or against a ques¬ 
tion, or as void or blank. If, in a j 
case where more than one candidate j 
is to be elected to one office, the num- 
{ ber of votes tallied (including void t 
! and blank votes does not) exactly j 
equal the number of ballots cast (in- | 
eluding void and blank ballots) mul- j 
tiplied by the number of candidates I 
I to be elected, or if, in the case of a 
| question submitted or in a case where 
i only one candidate is to be elected to ! 
an office, the total number of votes 
[tallied (including void and blank j 
i votes) shall not exactly equal the j 
| number of ballots cast (including void 
and blank ballots), an error has been 
j committed and a recanvass must, be | 
j immediately made, as hereinbefore 
provided in section three hundred and 
sixty-eight of this chapter. 

2. Proving the tally of ballots for 
presidential electors. In the case of 
ballots for presidential electors, the 
poll clerks shall verify their figures as 
follows: 

First, they shall add together the 
votes counted for electors of each 
party; 

Second, they shall add together the 
votes counted for candidates not on 
the ballot;; 

Third, they shall add together the 
void and wholly blank ballots and i 
shall multiply the sum so obtained by I 
; the number of electors to be elected; I 

Fourth, they shall add together the 
votes on the split ballots tallied as 
I blank; 

Fifth, they shall then add together 
the four sums so obtained. 

If the total of these four sums shall 
not exactly equal the number of bal¬ 
lots cast (including void and blank 
ballots) multiplied by the number of 
electors to be elected, an error has 
been committed, and a recanvass must i, 
be immediately made as hereinbefore 
provided in section three hundred and 
sixty-eight of this chapter. [As 
amended by chap. 821, Laws of 1913.] 

General provisions as to canvass. 

Sec. 371. The ballots shall at all 
times be kept on top of the table and 
in plain view of all parties entitled to 
examine them, until they have been 
tied into bundles as elsewhere pro¬ 
vided. If requested by any person en¬ 
titled to be present the inspectors 
shall, during the canvass of any bal¬ 
lot, exhibit to him the ballot then be¬ 
ing canvassed, fully opened and in 
such a condition that he may fully 
and carefully read and examine it. 
but no inspector shall allow any bal¬ 
lot to be taken from his hand or to be j 
removed from any pile by any person j 


but the chairman. Any person who 
shall mark, tear or deface any ballot 
of another with the intent of defeating 
or altering a vote or ballot, shall be 
guilty of a felony, and shall be pun¬ 
ished upon conviction thereof by im¬ 
prisonment in a state prison for a 
period of not less than five nor more 
than ten years. [As amended by chap. 
821, Laws of 1913.] 

Statement of canvass to be delivered 

to police. 

Sec. 372. In all cities and villages 
of five thousand inhabitants or more 
the chairman of the board of inspec¬ 
tors shall, forthwith upon the comple¬ 
tion of the count of votes and the 
announcement thereof, deliver to the 
police officer on duty at such place of 
canvass a statement subscribed by the 
board of inspectors, stating the num¬ 
ber of votes received by each candi¬ 
date for office. Such statement shall 
forthwith be conveyed by the said of¬ 
ficer to the station house of the police 
precinct in which such place of can¬ 
vass is located, and he shall deliver 
the same inviolate to the officer in 
command thereof, who shall immedi¬ 
ately transmit by telegraph, telephone 
or messenger, the contents of such 
statement to the officer commanding 
the police department cf such city or 
village. In a city of over one million 
inhabitants, such commanding officer 
shall cause all such returns to be im¬ 
mediately tabulated so that the final 
results may be known as early as pos¬ 
sible, and within twenty-four hours of 
its receipt at the station-house such 
statement itself shall be filed with 
such commanding officer. Such state¬ 
ment shall be preserved for six 
months by the police, and shall be 
presumptive evidence of the result of 
such canvass for each such office. 

[As amended by chap. 649, Laws of 
1911, and chap. 678, Laws of 1915.] 


Returns of canvass. 

Sec. 373. Upon completing t)|e can¬ 
vass, the inspectors and poll clerks 
shall make and sign in ink their sev¬ 
eral returns in triplicate, a»d shall 
verify them before the respective offi¬ 
cers authorized for that purpose, and 
shall sign and certify in ink each tally 
sheet to be certified by them. In mak¬ 
ing their returns as aforesaid, the in¬ 
spectors and poll clerks shall use the 
printed forms supplied to them with 
the ballots, and they shall carefully in¬ 
sert in all the blank spaces thereon the 
appropriate names, words and figures 
according to the directions contained 
in article nine of this chapter and 
printed on the forms. In the absence 
of an officer authorized to take ac¬ 
knowledgments and proof of deeds, 
and for the purposes of this chapter, 
any election officer shall be authorized 
to administer the oath to any other 
election officer. Each of the two tally 
sheets shall be securely attached by 
the chairman to one of the returns re¬ 
lating to the same office or question 
and shall be treated as a part thereof. 

Any election officer who shall sign 
any statement of the canvass at any 
place other than the polling place, or 
at any time other than immediately 
after the canvass is completed, except 
under direction of a court, and any 
election officer or person who shall 
take from the polling place any such 
statement before it shall have been 
signed as herein provided, is guilty of 
a felony, and shall be punished, upon 
conviction thereof, by imprisonment in 
a state prison for not less than two 
nor more than five years. 

If changes be necessajsy in any of 
the forms for tallies and returns, as 
prescribed in this article, the secretary 
of state shall prescribe the same. [As 
amended by chap. 821, Laws of 1913.] 

Preservation of liollots. 

Sec. 374: After the last tally-sheett 














54 


Eagle Library—THE ELECTION LAW OF THE STATE OF NEW YORK 


and returns are completed, and all the j 
stubs and ballots, except the protested | 
void and wholly blank ballots, are re¬ 
placed in the boxes from which they 
were taken, each box snail be securely 
locked and sealed, and deposited, by 
an inspector designated for that pur¬ 
pose, with the officer or board furnish¬ 
ing it, together with the separate 
sealed package of unused official bal¬ 
lots. The boxes and packages' so de¬ 
posited shall be preserved inviolate 
for six months after the election, ex¬ 
cept that they may be opened and 
their contents examined upon the or¬ 
der of any court of competent jurisdic¬ 
tion. Unless ordered to be preserved 
by such a court, they shall be opened 
and their contents destroyed after six 
months. The protested, void and 
wholly blank ballots shall be preserved 
as provided in section four hundred 
and thirty-seven of this chapter. Any 
candidate shall be entitled as of right 
to an examination in person or by au¬ 
thorized agents of any ballots upon 
which -his name lawfully appeared as 
that of a candidate; but the court shall 
prescribe such conditions as of notice 
to other candidates or otherwise as it' 
shall deem necessary and proper. [As 
amended by chap. 821, Laws of 1913..1 


Proclamation of result. 

Sec. 375. Upon the completion of 
such canvass and of the statements of 
the result thereof, the chairman of the 
board of inspectors shall make public 
oral proclamation of the whole num¬ 
ber of votes cast at such election at 
such polling place for all candidates 
for each office; upon each proposed 
constitutional amendment or other 
question or proposition, if any, voted 
upon at such election; the whole num¬ 
ber of votes given for each person, 
with the title of the office for which 
he was named on the ballot; and the 
whole number of votes given respect¬ 
ively for and against each proposed 
constitutional amendment or other 
question or proposition, if any, so sub¬ 
mitted. [As amended by chap. 821, j 
Laws of 1913.] 


Sealing' statements. 

Sec. 376. Each statement of canvass 
shall then be securely sealed with seal¬ 
ing wax in separate envelopes properly 
indorsed on the outside thereof by the 
inspectors, and shall be kept inviolate 
by the officers or board with whom 
they are filed until delivered, together 
with the packages of protested, void 
and wholly blank ballots, to the county 
or city board of canvassers. [As 
amended by chap. 821, Laws of 1913.] 

Delivery and filing: of papers relat¬ 
ing to the election? general pro¬ 
visions. 

Sec. 377. If the election be other 
than an election of town, city, village 
or school officers, held at a different 
time from a general election, the 
chairman of the board of inspectoi’s of 
each election district, except in the 
city of New York, shall forthwith up¬ 
on the completion of the triplicate 
statement of the result, deliver one 
set of returns to the supervisor of the 
town in which the election district, if 
outside of a city, is situated, and if in a 
city, to one of the supervisors of said 
city. Jf there be no supervisor, or he 
be absent or unable to attend the 
meeting of the county board of can¬ 
vassers, it shall be forthwith delivered 
io an assessor of such towm or city. 
.One set of returns with tally sheets 
annexed, together with the poll books 
of the election, shall be forthwith filed 
by such inspectors, or by one of them 
deputed for that purpose, with the 
town clerk of Such town, or the city 
clerk of such city, as the case may 
be. The package of protested, void 
and wholly blank ballots and the third 
set of returns with tally sheets an¬ 
nexed shall, within twenty-four hours 
after the completion of such canvass, 


be filed by the chairman of the board 
of inspectors, with the board of elec¬ 
tions of the county in which the elec¬ 
tion district is situated. The register 
of electors and public copy thereof 
shall be filed as prescribed in section 
one hundred and eighty of this chap¬ 
ter. The poll book containing the sig¬ 
natures of the electors who have voted 
at an election and all “identification 
statements for election day” received 
thereat shall within forty-eight hours 
after the close of the canvass be filed 
in person or by mail by the poll clerk 
of each election district having charge 
of such book, with the state superin¬ 
tendents of elections in such one of 
their offices as they may in writing 
designate. [As amended by chap. 649, 
Laws of 1911, and chap. 821, Laws of 
1913.] 


Delivery and filing of papers in file 

city of New York. 

Sec. 378. In the city of New York 
the package of protested, void and 
wholly blank ballots and one set of re¬ 
turns with tally sheets annexed, to¬ 
gether with one of the poll books, shall 
lie filed by the chairman of the board 
of inspectors within twenty-four hours 
after the completion of the canvass 
with the county clerk of the county 
within which the election district is 
located. One set of returns with tally 
sheets annexed and the other poll 
book shall be filed within such time 
wdth the board of elections or with the 
chief clerk of the branch office of the 
board of elections, as the case may be, 
in the borough within which the elec¬ 
tion district is located by an inspector 
designated by the board of inspectors 
for that duty, and the third set of re¬ 
turns with the city clerk, bi' an in¬ 
spector designated by the board of in¬ 
spectors for that duty. 

In election districts in the city of 
New York, the boards of inspectors of 
election must, at the same time that 
they make and sign the aforesaid re¬ 
turns, make a certified copy of so 
much thereof as relates to any candi¬ 
date for member of assembly, senator, 
or representative in congress, voted for 
both in said election district and in any 
part of the county not within the city 
of New York, and such certified copy 
must, within twenty-four hours after 
the completion of the canvass by the 
inspectors, be filed by the chairman of 
the board of inspectors with the clerk 
of the county outside of the city of 
New York in which such officers or 
any of them are voted for at such elec¬ 
tion. [As amended by chaps, 274 and 
649, Laws of 1911, and chap. 821, Laws 
of 1913.] 

Delivery ai!«l filing of papers in the 

county of Erie. 

Sec. 380. In the county of Erie one 
return with tally sheets annexed shall 
be filed forthwith by one inspector 
deputed for that purpose, with the 
clerk of the town, or the clerk of the 
city of Buffalo, or the clerk of the city 
of Tonowanda, as the case may be, 
and one return with the clerk of the 
county of Erie. The package of pro¬ 
tested, void and wholly blank ballots 
and the third return with tally sheet 
annexed shall, within twenty-four 
hours after the completion of such 
Canvass, be filed by the chairman of 
each board of inspectors with the com¬ 
missioner of elections. All poll lists 
for the various election districts in the 
city of Buffalo shall be filed with the 
commissioner of elections, and those 
for the city of Tonawanda with the 
clerk of such city, and those for the 
towns in Erie county, with the towm 
clerks thereof. [As amended by chap. 
821, Laws of 1913.] 

Jntliclal investigation of ballots. 

Sec. 381. If any statement 'of the 
result of the canvass in an election 
district shall show that any of the bal¬ 


lots counted at an election therein 
were protested or were canvassed as 
wholly blank or void, a writ of man¬ 
damus may, upon the application of 
any candidate voted for at such elec¬ 
tion in such district, within twenty 
days thereafter, issue out of the su¬ 
preme court to the board or body of 
canvassers, if any, of the return of the 
inspectors of such election district, and 
otherwise to the inspectors of election 
making such statement, requiring a 
recanvass of such ballots. If the court 
shall, in the proceedings upon such 
writ, determine that any such ballot 
was improperly canvassed, it shall or¬ 
der the error to be corrected, Boards 
of inspectors of election districts, and 
boards of canvassers, shall continue in 
office for the purpose of such proeeed- 
| ings. [ As amended by chap. 821, 
j Laws of 1913.] 


1 ARTICLE 11. 

VOTIY Ci MACH IN ES. 


Section 






390. State voting machine 

commissioners. 

391. Examination of voting 

machine. 

392. Requirements of voting 

machine. 

393. Adoption of voting ma¬ 

chine. 

394. Experimental use of vot¬ 

ing machine. 

395. Providing machines. 

3 9 6. Payment for machines. 

39 7. Form of ballots. 

398. Sample ballots. 

399. Number of official bal¬ 

lots. 

400. Preparation of voting 

machine for election. 

401. Instruction of election of¬ 

ficers. 

402. Instruction of voters be¬ 

fore election. 

403. Independent nomina¬ 

tions.* 

404. Distribution of ballots 

and stationery. 

405. Tally sheets. 

4 0 6. LTnofficial ballots. 

407. Opening of polls. 

4 08. Independent ballots. 

40 9. Location of machines; 

guard-rail. 

410. Manner of voting. 

4 11. Instructing voters. 

412. Illiterate or disabled vot¬ 
ers. 


413. Canvass of vote .and 

proclamation of result. 

414. Disposition of irregular 

ballots; and preserving 
the record of the ma¬ 
chine. 


re-can 


416. Provision for 

of vote. 

417. Application of othei 

tides and penal lav 

418. When ballot clerks n 

be elected. 

419. Number of voters 

election districts. 

420. Definitions!. 

421. Saving clause. 




oec. .90. 1 here shall be a state board 
of voting machine commissioners which 
shall consist of three commissioners to 
be appointed by the governor every five 
years, one of whom shall be an expert in 
patent law and two of whom shall be 
mechanical experts. Their successive 
terms of office shall begin on the first da} 
of January of every fifth year dating 
from nineteen hundred and three and end 
on the thirty-first day of December. Anj 
commissioner now in offibe or hereafter 
appointed may be removed at the pleas- 


’ As renumbered by ehap. 800, Laws of 1913 . 
♦Repealed by chap. 821 , Laws of 1913. 

















Eagle Library—THE ELECTION LAW OF THE STATE OF NEW YORK. 


55 


ure of the governor, and vacancies shall 
be filled by the governor for any unex¬ 
pired term. 

No voting machine commissioner, 
shall have any pecuniary interest in 
any voting machine. 

Examination of voting machine. 

Sec. 391. Any person or corporation 
owning or being-interested in any voting | 
machine may apply to the state board i 
of voting machine commissioners to f 
examine such machine and report on 
its accuracy, efficiency and capacity to 
register the will of voters. The com¬ 
missioners shall examine the machine 
and report accordingly. Their report; 
shall be filed in the office of the sec¬ 
retary of state and shall state whether 
in their opinion the kind of machine 
so examined can be safely used by 
such voters at elections, under the con¬ 
ditions prescribed in this article. If 
the report states that the machine can 
be so used, it shall be deemed ap¬ 
proved by the commissioners and ma¬ 
chines of its kind may be, adopted for 
use at elections as herein provided. 
When the machine has been so ap¬ 
proved, any improvement or change : 
that does not impair it3 accuracy, effi¬ 
ciency or capacity, shall not render 
necessary a re-examination or re-ap¬ 
proval thereof. Any form of voting i 
machine not so approved, or which has ! 
not been heretofore examined by said 
commissioners and reported on pursu¬ 
ant to law and its use specifically au¬ 
thorized by law, can not be used at 
any election. Each commissioner is 
entitled to one hundred and fifty dol¬ 
lars for his compensation and ex¬ 
penses in making such examination 
and report, to be paid by the person 
or corporation applying for such ex- j 
animation. 

Reqclrements of voting lvinehine, 

Sec. 392. A voting machine approved ' 
by the state board of voting machine | 
commissioners must be so constructed 
as to provide facilities for voting for 
such candidates as may be nominated. 
It must also permit an elector to vote 
for any person for any office, whether 
or not nominated as a candidate by 
any party or organization, and must 
permit voting in absolute secrecy. 
Such machine shall also be so con¬ 
structed that an elector cannot vote 
for a candidate or on a proposition 
for whom or on which he is not law¬ 
fully entitled to vote. It must also be 
so constructed as to prevent voting 
for more, than one person for the same 1 
office, except where an elector is law- i 
fully entitled to vote for more than one 
person for that office, and it must af¬ 
ford him an opportunity to vote for 
as many persons for that office as he is 
by law entitled to vote for and no j 
niore, at the same time preventing his 
voting for the same person twiee. It 
must be provided with a lock or locks, j 
by the use of which immediately after 
the polls are closed or the operation ] 
of such machine for such election is 
completed, any movement of the vot- | 
ing or registering mechanism is ab¬ 
solutely prevented. It may also be'? 
provided with a separate ballot in each 
party column or row containing only I 
the words “presidential electors” pre¬ 
ceded by the party name, and a vote 
for such ballot shall operate as a vote [ 
for all the candidates of such party 
for presidential electors, and shall be 
counted as such. [As amended by 
chap. 649, Laws of 1911, and chap. 
821, Laws of 1913.] 

Adoption of voting machine. 

Sec.'393. The board of elections of 
the city of New York, the common 
council’ of any other city, the town 
board of any town, or the board of 
trustees of any village may adopt for 
use at elections any kind of voting ma¬ 
chine approved by the state bdard of i 
voting machine commissioners, or the j 
use of v/hich has been specifically au- I 


thorized by law; and thereupon such | 
voting machine may be used at any or 
all elections held in such city, town or j 
village, or in any part thereof, for vot- j 
ing, registering and counting votes 
cast at such elections. Voting ma¬ 
chines of different kinds may be 
adopted for different districts in the 
same city, town or village. 

Experimental nse of voting machine. 

Sec. 394. The authorities of a city, town 
or village authorized by the last section to 
adopt a voting machine may provide for 
the experimental use, at an election in 
one or more districts, of a machine which 
it might lawfully adopt,'without a formal 
adoption thereof; and its use at such 
election shall be as valid for all purposes 
as if it had been lawfully adopted. 
Providing machines. 

Sec. 395. The local authorities adopting 
a voting machine shall, as soon as practi¬ 
cable thereafter, provide for each polling 
place one or more voting machines in com¬ 
plete working order, and shall thereafter 
preserve and keep them,in repair,andshall 
have the custody thereof and of the furni¬ 
ture and equipment of the polling place j 
when not in use at an election. If it 
shall be impracticable to supply each 
and every election district with a voting 
machine or voting machines at any elec- j 
tion following such adoption, as many 
may be supplied as it is practicable to 
procure, and the same may bo used in | 
such election district or districts within 
the city, town or village as the officers 
adopting the same may direct. 

Payment for machines. 

See, 396, The local authorities on the 
adoption and purchase of a voting ma¬ 
chine, may provide for the payment there¬ 
for in such manner as they may deem for 
the best interest of the locality and may 
for that purpose issue bonds, certificates 
of indebtedness or other obligations which 
shall be a charge on the city, town or 
village. Such bonds, certificates or other 
obligations may be issued with or with¬ 
out interest, payable at such time or 
times as the authorities may determine, 
but shall not be issued or sold at less 
than par. 

Form of Ballots. 

Sec. 397. All ballots shall be printed 
in black ink on clear, white material, 
of such size as will fit the ballot frame, 
and in as plain, clear type as the space 
wall reasonably permit. The party. 
emblem for each political party rep-! 
resented on the machine, which has 
been duly adopted by such party in. ac¬ 
cordance with this chapter, and the 
party name or other designation shall 
be affixed to the names, or, in case of 
presidential electors, to the list of can¬ 
didates of such party. Each party may 
be further distinguished by a stripe of 
color below the party emblem, which 
shall be adopted in the same manner 
as the party emblem. The order of the 
lists or names of candidates of the 
several parties or organizations shall 
be arranged as provided by this chap¬ 
ter for blanket ballots, except that 
they may be arranged either vertically 
or horizontally. When the same per¬ 
son has been nominated for the same 
office to be filled at the election by 
more than one party or independent 
body, all the provisions relating to the 
official ballot in this chapter shall ap¬ 
ply and the voting machine shall be so 
adjusted that his name shall appear 
but once on the ballot. [As amended 
by chap. 649, Laws of 1911, and chap. 
821, Laws of 1913.] 

Sample ballots. 

Sec. 398. The officers or board 
charged with the duty of pro¬ 
viding ballots for any polling 

place shall provide therefor two sample 
ballots which shall be arranged in the 
form of a diagram showing the entire 
front of the voting machine as it will 
appear after the official ballots are ar- | 


ranged for voting on election day. Such 
sample ballots shall be open to public 
inspection at such polling place during 
the election day. In all general elec¬ 
tions where voting machines are used 
there may be furnished a sufficient num¬ 
ber of sample ballots of a reduced size, 
showing the key board of the voting 
machine as it will appear after the offi¬ 
cial ballots are arranged for voting oB 
election day, witli illustrations and brief 
instructions how to vote; one of which 
sample ballots may be mailed by the 
county clerk to each registered voter 
at least three days before the election 
or in lieu thereof, a copy of such sample 
ballot may be published for one week 
preceding the election in newspapers rep¬ 
resenting at least two political parties. 

Number of official ballots. 

Sec. 399. Four sets of ballots shall be 
provided for each polling place for each 
election for use in the voting machine. 

Prejsa ration of voting machine for 

election. 

Sec. 400. The board of elections for each 
county and the city of New York in which 
voting machines are to be used, shall cause 
the proper ballot labels to be placed on 
the machines corresponding with the 
sample ballots herein provided for, and 
the machine in every way'put in order, 
set, and arranged, ready for use in voting 
at such election; and, for the purpose 
of so labeling, putting in order, setting 
and arranging the machine, shall employ 
one or more competent persons who shall 
be known as the voting machine cus¬ 
todian, or custodians, who shall be sworn 
to perform their duties honestly and 
faithfully, and for such purpose shall be 
considered as officers of election, and 
shall be paid for the time spent in the 
discharge of their duties, in the same 
manner as election officers are paid. In 
cities where there are more than twenty 
voting machines, more than one cus¬ 
todian shall be appointed. They shall 
be selected from the two political parties 
entitled to representation on a board of 
election officers. Said custodian, or cus¬ 
todians, shall, under the direction of 
said board or officer having charge and 
control of the election, cause the ma¬ 
chine to be so labeled, put in order, set, 
arranged, and delivered to the polling 
place of the election district in which 
the election is to be held, together with 
all furniture and appliances necessary 
for the proper conducting of the election, 
at least one hour before the time set 
for opening the polls on election day. 
In preparing a voting machine for an 
election, the custodian shall, according 
to the printed directions furnished, 
arrange the machine and the ballots 
therefor so that it will in every particu¬ 
lar meet the requirements for voting 
and counting at such election, and thor¬ 
oughly test the same. Before preparing 
the voting machine for any election writ¬ 
ten notice shall be mailed to the chair¬ 
man of the city,^ or town committee of 
at least three or the principal political 
parties, stating the time and place where 
machines will be prepared, at which time 
one representative of each of such po¬ 
litical parties shall be afforded an op¬ 
portunity to see that the machines are 
in proper condition for use in the elec¬ 
tion; such representatives shall be sworn 
to faithfully perform their duties and 
shall be regarded as election officials but 
shall not interfere with the custodians 
or, assume any of their duties. When a 
machine has been so examined .by such 
representatives it shall be sealed with a 
numbered metal seal. Such representa¬ 
tives shall certify: to the number of the 
machines; if all of the counters are set 
at 000; and the number registered on the 
protective counter, if one is provided, 
and on the seal. After the preparation 
of the machines, an officer or officers or 
someone duly authorized, other than the 
person who has prepared them for the 
election, shall inspect each machine, and 
report in writing if all of the register- 
















66 


Eagle Library—THE ELECTION LAW OF THE STATE OF NEW YORK 


ing counters are set at zero (000), and 
the machine is arranged in all respects 
in good order for the election and locked, 
with the number registered on the pro¬ 
tective counter, if one is provided; and 
with the number on the seal. When a 
voting machine has been properly pre¬ 
pared for election, it shall be locked 
against voting, and sealed; and the keys 
thereof snail be delivered to the board 
or official having charge and control of 
elections, together with a written re¬ 
port made by the custodian of the ma¬ 
chine on blanks furnished to him, stating 
that it is in every way properly pre¬ 
pared for the election. All voting ma¬ 
chines shall be transferred to the poll¬ 
ing places in charge of an authorized 
official, who shall certify to their deliv¬ 
ery in good order. After the machine has 
been delivered and set up ready for use 
in the election at the polling place, it 
shall be the duty of the local authorities 
to provide ample protection against mo¬ 
lestation or injury to the machine. Every 
voting- machine shall be furnished with 
a lantern, or a proper substitute for one, 
which shall give sufficient light to en¬ 
able electors while in the booth to read 
the ballot labels, and suitable for use by 
the election officers in examining the 
counters. The lantern shall be prepared 
in good order for use before the open¬ 
ing of the polls. All voting machines 
used in any election shall be provided 
with a screen, hood, or curtain which 
shall be so made and adjusted as to com¬ 
pletely conceal the elector and his ac¬ 
tion, while voting. [As amended by 
chap. 649, Laws of 1911.] 

Instruction of election officers. 

Sec. 401. Not later than the first day 
of October in each year, the custodian, 
or custodians, of the machine shall in¬ 
struct each board of inspectors that is 
to serve in an election district in the 
use of the machine, and in the duties 
of inspectors of election in connection 
therewith; and he shall give to each in¬ 
spector of election that has received 
such instruction and is fully qualified to 
properly conduct the election with the 
machine, a certificate to that effect. For 
the purpose of giving such instruction, 
the custodian shall call such meeting, or 
meetings, of the inspectors of election 
as shall be necesssary; but such meetings 
shall not be called earlier than seven 
o’clock in the afternoon. Such custodian 
shall without delay file a report with 
the board or official in charge of elec¬ 
tions, stating that he has instructed the 
election officers, giving the names of such : 
officers, and the time and place where 
such instruction was given. The inspec¬ 
tors of election of each election district 
in which a voting machine is to be used, 
shr 1 ! attend such meeting, or meetings, 
as snail be called, for the purpose of re¬ 
ceiving such instructions, concerning 
their duties as shall be necessary for the 
proper conduct of the election with the 
machine. Each inspector of election 
that shall qualify for and serve in the 
election, shall be paid one dollar for the 
time spent in receiving such instruction, 
in the same manner and at the same time 
as he is paid for his services on election 
day. No inspector of election shall 
serve in any election at which a voting 
machine is used, unless he shall have re¬ 
ceived such instruction and is fully quali¬ 
fied to perform his duties in connection 
vrvtii the machine, and has received a cer¬ 
tificate to that effect from the custodian 
of the machines; provided, however, that 
this shall not prevent the appointment 
of an inspector of election to fill a va¬ 
cancy in an emergency. [As amended by 
chap. 649, Laws of 1911.] 

Instruction of voters before election. 

Sec. 402. In all places where voting 
machines are to be used one or more of 
such machines which shall contain the 
ballot labels, showing the party emblems 
and title of offices to be voted for, and 
which shall so far as practicable contain 


the names of the candidates to be voted 
for, shall be placed on public exhibition 
in some suitable place, in charge of a 
competent instructor, for three days dur¬ 
ing the thirty days next preceding the 
election; but no voting machine which fs 
to be assigned for use in an election shall 
be used for such public instruction with¬ 
in five days before the election. During 
public exhibition of any voting machine 
for the instruction of voters previous to 
an election, the counting mechanism 
thereof shall be concealed from view and 
the doors may be temporarily opened 
only when authorized by the board or 
official having charge and control of the 
elections. Printed instructions how to 
vote circulated to voters must conform 
to the instructions approved by the offi¬ 
cials providing ballots, and adapted to 
the machine used. 

Distribution of ballots ami stationery. 

Sec. 404. The ballots and stationery 
shall be delivered to the board of in¬ 
spectors of each election district before 
ten o’clock in the forenoon of the day 
next preceding the election. 

Tally sheets. 

Sec. 405. In each election district where 
voting machines are used, tally sheets 
shall be printed to conform with the 
type of voting machine used, of a form 
approved by the secretary of state. The 
designating number and letter on the 
counter for each candidate shall be print¬ 
ed next to the candidate’s name on the 
tally sheets. 

Unofficial ballots. 

Sec. 406. If the official ballots 
for an election district at which 
a voting machine is to be used, 
required to be furnished by or 
to any town, or city clerk, or board, shall 
not be delivered at the time required, 
or if after delivery shall be lost, de¬ 
stroyed or stolen, the clerk of such town 
or city, or such board, or the election 
inspectors of such district, shall cause 
other ballots to be prepared, printed or 
written, as nearly in the form of the 
official ballots as practicable, and the 
inspectors shall cause the ballots so sun- 
stitute'd to be used at the election in tne 
same manner, as near as may De, as tne 
official ballots. Such ballots so substi¬ 
tuted shall be known as unofficial bal¬ 
lots. 

Opening the polls. 

Sec. 407. The inspectors of election and 
poll clerks of each dstrict shall meet at 
the polling place therein, at least three- 
quarters of an nour before the time set 
for the opening of the polls at each elec¬ 
tion, and shall proceed to arrange within 
the guard-rail the furniture, stationery 
and voting machine for the conduct of the 
election. The inspectors of election shall 
then and there have the voting machine, 
ballots and stationery required to be de¬ 
livered to them for such election; and if 
it be an election at which registered 
voters only can vote, the registry of such 
voters required to be made and kept 
therefor. The inspectors shall thereupon 
muse at least two instruction cards, and 
if printed in different languages, at least 
.wo of each language, to be posted con¬ 
spicuously within the polling place, "f 
not previously done, they shall insert in 
their proper place on the voting machine, 
the ballots containing the names of of¬ 
fices to be filled at such election, and 
the names of candidates nominated there¬ 
for. The keys to the voting machine shall 
be delivered to the election officers 
three-quarters of an hour before the 
time set for opening the polls in a sealed 
envelope, on which shall be written or 
printed the number and location of the 
voting machine; the number on the seal; 
and, if provided with a protective coun¬ 
ter, the number registered on such coun¬ 
ter, as reported by the custodian. The 
envelope containing the keys shall not 
be opened until at. least one inspector 
from each of two political parties shall 
be present at the polling pD and shall 


have examined the envelope to see that 
it has not been opened. Before opening 
the envelope all election officers present 
shall examine the number on the seal 
on the machine, also the number regis¬ 
tered on tne protective counter, if one 
is provided, and shall see if they are the 
same as the numbers written on the en¬ 
velope containing the keys. If found not 
to agree, the envelope must not be 
9Pened until the custodian, or other au¬ 
thorized person, shall have been notified 
and shall have presented himself at the 
polling place for the purpose of re-ex¬ 
amining such machine and shall certify 
that it is properly arranged. If the num¬ 
bers on the seal and protective counter, 
if one is provided, are found to agree 
with the numbers on the envelope tho 
inspectors shall proceed to open the 
doors concealing the counters. Before 
the polls are open for election, each in¬ 
spector shall carefully examine every 
counter and see that it registers zero, 
and the same shall be suojeet to the in¬ 
spection of the official watchers. The 
machine shall remain locked against vot¬ 
ing until the polls are formally opened 
and shall not be operated except by 
voters 37 i voting. If any counter for a 
candidate is found not to register zero 
(000), the inspectors of election shall im¬ 
mediately notify-the custodian, who sha-- 
adjust the counter at zero. 

Independent ballots. 

Sec. 408. Ballots voted for any person 
whose name does not appear on the ma¬ 
chine as a nominated candidate for office, 
are herein referred to as irregular bal¬ 
lots. Where two or more persons are to 
be elected to the same office, and each 
candidate’s name is placed upon or ad¬ 
jacent to a separate key or device, and 
the machine requires that all Irregular 
ballots voted for that office be deposited, 
written or affixed in or upon a single re¬ 
ceptacle or device, a voter may vote in 
or by such receptacle or device for one 
or more persons whose names do not ap- 
pear upon the machine with or without 
the names of one or more persons whose 
names do so appear. 

In voting for presidential electors, a 
voter may vote an Irregular ticket made 
up of the names of persons in nomination 
by different parties, or partially of names 
of persons so in nomination and par¬ 
tially of names of persons not In nomi¬ 
nation, or wholly of names of persons not 
in nomination by any party. Such Ir¬ 
regular ballot shall be deposited, writ¬ 
ten or affixed In or upon the receptacle 
or device provided on the machine for 
that purpose. 

With these exceptions. n« Irregular 
ballot shall be voted for any person for 
any office whose name appears on tho 
machine as a nominated candidate for 
that office; any irregular ballot so voted 
shall not be counted. An irregular bal¬ 
lot must be cast in its appropriate place 
on the machine, or it shall be void and 
not counted. 

Location of machines; guard-rail. 

Sec. 409. The exterior of the voting ma¬ 
chine and every part of the polling place 
shall be in plain view of the election 
officers and watchers. The voting ma¬ 
chine shall be placed at least four feet 
from the poll clerk’s table. A guard¬ 
rail shall be constructed at least three 
feet from the machine, with openings to 
admit voters to and from the machine. 
The voting machine shall be so located 
in the polling place that, unless its con¬ 
struction requires otherwise, the ballot 
labels on the face of the machine can be 
plainly seen by the election officers and 
the party watchers when not in use by 
voters. The election officers shall not 
themselves be, or permit any other per¬ 
son to be, in any position or near any 
position, that will permit one to see or 
ascertain how a voter votes, or how he 
has voted. The election officer attending 
the machine shall Inspect the face of the 
machine after each voter has cast his 
vote, to see that the ballot labels are ia 
















Eagle Library—THE ELECTION LAW OF THE STATE OF NEW YORK 


57 




their proper places and that the machine 
has not been injured. During eie. u. 
the door or other covering of the counter 
compartment of the machine shall not be 
unlocked or opened or the counters ex¬ 
posed except for good and sufficient rea¬ 
sons, a statement of which shall be made 
and signed by the election officers and 
shall be sent with the returns. 

Manner of Toting. 

Sec. 410. After the opening of the 
polls, the inspectors shall not allow 
any voter to pass within the guard-rail 
until they have ascertained that he is 
duly entitled to vote. Only one voter at 
a time shall be permitted to pass within 
the guard-rail to vote. The operating 
of the voting machine by the voter 
while voting shall be secret and ob¬ 
scured from all other persons except as 
provided by this chapter in cases of 
voting by assisted voters. No voter 
shall remain within the voting machine 
booth longer than three minutes, and if 
ho shall refuse to leave it after the 
lapse of three minutes, he shall be re¬ 
moved by the inspectors. [As amended 
by chap. 821, Laws of 1913.] 

Instructing voters. 

Sec. 411. In case any voter after enter¬ 
ing the voting machine booth shall ask 
for further instructions concerning the 
manner of voting, two inspectors of op¬ 
posite political parties shall give such in¬ 
structions to him; but no inspector or 
other election officer or person assisting 
a voter shall in any manner request, sug¬ 
gest or seek to persuade or induce any 
such voter to vote any particular ticket, 
or for any particular candidate, or for 
or against any particular amendment, 
question or proposition. After receiving 
such instructions, such voter shall vote 
as in the case of an unassisted voter. 

Illiterate or disabled voters. 

Sec. 412. The provisions of sections one 
hundred and sixty-four and three hundred 
and fifty-seven of this chapter, shall ap¬ 
ply also when ballot machines are used, 
and the word “booth” when used in suci. 
sections, shall be interpreted to include 
the ballot machine inclosure or curtain. 

Canvass of vote and proclamation 

of result. 

Sec. 413. There shall be printed di¬ 
rections in the statement of canvass 
to the election officers for their guid¬ 
ance before the polls are opened and 
when the polls are closed; a certificate 
of which shall be signed by the elec¬ 
tion officers before the polls are 
opened, showing the delivery of the 
keys in a sealed envelope; the number 
on the seal; the number registered on 
the protective counter, if one is pro¬ 
vided; if all of the counters are set at 
■tero (000); if the public counter is set 
at zero (000); if the ballot labels are 
properly placed in the machine. Also 
a certificate which shall be filled out 
after the polls have been closed, that 
the machine has been locked against 
voting and sealed; the number of 
electors as shown on the public coun¬ 
ters; the number on the seal; the num¬ 
ber registered on the protective count¬ 
er, if one is provided; and that the 
voting machine is closed and locked. 
The inspectors’ return and statement 
of canvass shall show the total number 
of votes cast for each office, the num¬ 
ber of votes cast for each candidate, 
as shown on his counter, and the num¬ 
ber of votes for persons not nomin¬ 
ated, which shall be certified by the 
board of inspectors. As soon as the 
polls of the election are closed, the 
inspectors of election thereat shall im¬ 
mediately lock the voting machine 
against voting, and open the counting 
departments in the presence of the 
watchers and all other persons who 
may be lawfully within the polling 
place, giving full view' of all the count¬ 
er numbers. The chairman of the 
board of inspectors shall, under the 
scrutiny of an inspector of a different 


political party, in the order of the of¬ 
fices as their titles are arranged on 
the machine, read and announce in 
distinct tones the designating number 
and letter on each counter for each j 
candidate’s name, the result as shown 
by the counter numbers, and shall then | 
read the votes recorded for each of- | 
fice on the irregular ballots. He shall 
also in the same manner announce the 
vote on each constitutional amend¬ 
ment, proposition or other question. 
The counter shall not in the case of 
presidential electors be read consecu¬ 
tively along the party row or column, 
but shall always be read along the of¬ 
fice columns or rows, completing the 
canvass for each office. The vote as 
registered shall be entered by the 
clerks on the tallv sheet in ink, in the 
same order on the space which has 
the same designating number and let¬ 
ter. After copying the vote from the 
tally sheets on the returns, the figures 
shall be verified by being called off in 
the same manner from the counters of 
the machine by an inspector of a dif¬ 
ferent political party. The counter 
compartment of the voting machine 
shall remain open until the official re¬ 
turns and all other reports have been 
fully completed and verified by the 
election board. During such time any 
candidate, watcher, or challenger of 
any party or independent body duly 
accredited as provided by section three 
hundred and fifty-two of the election 
law who may desire to be present shall 
be admitted to the polling place. The 
proclamation of the result of the votes 
cast shall be deliberately announced in 
a distinct voice by the chairman of the 
board of inspectors who shall read the 
name of each candidate, with the i 
designating number and letter of his 
counter, and the vote registered on 
such counter; also the vote cast for 
and against each question submitted. I 
During such proclamation ample op- j 
portunity shall be given to any per¬ 
son lawfully present to- compare the j 
results so announced with the counter j 
dials of the machine and any neces¬ 
sary corrections shall then and there 
be made by the election board, after 
which the doors of the voting machine 
shall be closed and locked. 

Before adjourning the board shall, 
with the seal provided therefor, so seal 
the operating lever of the machine 
that the voting and counting mechan¬ 
ism will be prevented from operation. 
[As amended by chap. 240, Laws of 
1909, chap. 649, Laws of 1911, and 
chap. 821, Laws of 1913.] 

Disposition of irregular ballots; and 

preserving the record of the ma¬ 
chine. 

Sec. 414. The inspectors of elec¬ 
tion shall, as soon as the count 
is completed and fully ascertained 
as in this chapter required, lock 
the machine against voting, and it 
shall so remain for the period of thirty 
days, except by order of a courib of com¬ 
petent jurisdiction or as hereinafter pro¬ 
vided. Whenever irregular ballots have 
been voted, the inspectors shall return 
all of such ballots in a properly secured 
sealed package indorsed “irregular bal¬ 
lots,” and file such package with the 
original statement of canvass. It shall 
be preserved for six months after such 
election, and may be opened and its con¬ 
tents examined only upon order of the 
supreme court or a justice thereof, or a 
county judge of such county, and at the 
expiration of such time, such ballots may 
be disposed of in the discretion of the 
officer or board having charge of them. 

Disposition of keys; opening counter 

compartment. 

Sec. 415. The keys of the machine shall j 
be enclosed in an envelope which shall | 
be supplied by the officials, on which 
shall be written the number of th e ma¬ 
chine and the district and ward where 
it has been used, which shall be securely 


sealed and indorsed by the election offi¬ 
cers, and shall be so returned to the offi¬ 
cer from whom they were received. The 
number on the seal and the number reg¬ 
istered on the protective counter, if so 
provided, shall be written on the envel¬ 
ope containing the keys. All keys for vot¬ 
ing machines shall be kept securely 
locked by the officials having them in 
charge. It shall be unlawful for any 
unauthorized person to have in his pos¬ 
session any key or keys of any voting 
machine; and all election officers or per¬ 
sons entrusted with such keys for elec¬ 
tion purposes, or in the preparation of 
the machine therefor, shall not retain 
them longer than necessary to use them 
for such legal purpose. All machines 
shall be boxed and collected as soon af¬ 
ter the Lose of the election as possible, 
and the- machines, and the boxes for the 
machines, shall at all times be stored in 
a suitable place. [As amended by chap. 
465, Laws of 1909.] 

Provision for re-canvass of vote. 

Sec. 416. Whenever it shall appear that 
there is a discrepancy in the returns of 
any election district, the county board 
of canvassers shall summon inspectors 
of election thereof and said inspectors 
shall, in the presence of said board of 
canvassers, or a bi-partisan committee 
thereof, make a record of the number 
on the seal and the number on the pro¬ 
tective counter, if one is provided, open 
the counter compartment of said machine 
and without unlocking said machine 
against voting, shall re-canvass the vote 
cast thereon. Before making such re- 
canvass the county board of canvassers 
shall give notice in writing to the cus¬ 
todian and to the county chairman of 
each political party or nominating body 
that shall have nominated candidates for 
the election, of the time and place where 
said re-canvass is to be made; and each 
of such political parties or nominating 
bodies may send two representatives to 
be present at such re-canvass. If, upon 
such re-canvass it shall be found that the 
original canvass of the returns has been 
correctly made' from the machine, and 
that the discrepancy still remains un¬ 
accounted for, the county board of can¬ 
vassers, or said committee thereof, with 
the assistance of the custodian of said 
machine, shall, in the presence of the 
inspectors of election and the authorized 
representatives of the several said po¬ 
litical parties or nominating bodies, un¬ 
lock the voting and counting mechanism 
of said machine and shall proceed to 
thoroughly examine and test the machine 
to determine and reveal the true cause 
or causes, if any, of the discrepancy in 
the returns from said machine. Before 
testing the counters they shall be reset 
at zero f000) after which each counter 
shall be operated at least one hundred 
times. After the completion of 
said examination and test, the 
custodian shall then and there 
prepare a statement in writing giving 
in detail the result thereof, and said 
statement shall be witnessed by the 
persons present and shall be filed with 
the secretary of the county board of 
canvassers. 

Application of other articles and 

penal law. 

Sec. 417. The provisions of the other 
articles of this chapter apply as far a3 
practicable to voting by voting ma¬ 
chines, except as herein provided. Th@ 
provisions of the penal law of this chap¬ 
ter relating to misconduct at elections 
shall apply to elections with voting ma¬ 
chines. Any person who shall before or 
during an election tamper with any vot¬ 
ing machine; or who shall interfere <or 
attempt to interfere with the correct 
operation of the voting machine, pr the 
secrecy of voting; or shall wijfplly in¬ 
jure a voting machine to prevent its use; 
or, any election or police officer or any¬ 
one employed to assist in the care or 
arrangement of the voting machine, who 
shall permit any person to violate the 
secrecy of the voting, or to interfere in 

















58 


Eagle Library—THE ELECTION LAW OF THE STATE OF NEW YORK 


any way with the correct operation of the 
voting machine; or any unauthorized per¬ 
son who shall make or have in his pos¬ 
session a key to a voting machine that 
has been adopted and will be used in 
elections in this state shall be guilty of 
a felony, punishable by imprisonment in 
a state prison for not less than one 
year nor more than five years. 

When ballot clerks not to be elected. 

Sec. 418. Ballot clerks shall not be 
elected or appointed for any district for 
which a voting machine shall have been 
adopted, and which will be supplied and 
ready for use at the next election to be 
held therein. 


of voters in election <lis- 


N timber 

tricts. 

Sec. 419. For any election in any 
city, town or village in which voting 
machines are to be used, the election 
districts in which such machines are 
to be used may be created by the 
officers charged with the duty of cre¬ 
ating election districts, so as to contain 
as near as may be four hundred and 
fifty voters each. Such redistricting or 
redivision may be made at any time 
after any November election and on 
before August fifteenth following, to 
take effect'on the fifth Wednesday be¬ 
fore the next general election. Where 
such redistricting or redivision shall 
be made in any town, the board mak¬ 
ing the same shall, on or before Sep¬ 
tember first following, appoint from 
t'oe inspector of election then in office 
(if sufficient, therefor are then in office, 
and, if not, from persons not in office, 
sufficient to make up the requisite 
number), to take effect on or before 
the first day of registration thereafter 
and not earlie- than the Saturday fol¬ 
lowing the next fall primary, four in¬ 
spectors of election for each election 
district thus created, who shall be 
equally divided between the two par¬ 
ties entitled to representation on said 
boards of inspectors. Thereafter no 
redivision of such election districts 
shall be made for elections by such 
machines until at some general elec¬ 
tion the number of votes cast in one 
or more of such districts shall exceed 
five hundred. But the town board of a 
town in which such machines are used 
may alter the boundaries of the elec¬ 
tion districts at any time after a gen- 
. eral election and on or before August 
fifteenth following, to take effect on 
the fifth Wednesday before the next 
general election, provided that the 
number of such election districts in 
such town shall not be increased or 
reduced, and the number of votes to 
be cast in any district whose boun¬ 
daries are so altered shall not exceed 
five hundred. 

Nothing contained in this section 
as hereby amended shall be deemed to 
require the redistricting of any town 
or ward in which voting machines are 
used for the year nineteen hundred 
and fourteen where such town or 
ward does not contain an election dis¬ 
trict having more than five hundred 
registered voters as indicated by tin 
last preceding election of a governor 
[As amended by chap. 2 14, Laws o 
1914.] 

Deli nitions. 

Bee. 420. The list of pandidater 
Used or to be used on the 
front of the voting machine shall be 
deemed official ballots under thi. 
chapter for an election district ii 
which a voting machine is used pur 
suant to law. The word “ballot” a' 
used in this article, (except when ref¬ 
erence is made to irregular ballots 
means that portion of the cardboarc 
or paper or other material within the 
ballot frames containing the name o 
the candidate and the embjem of thr 
party organization by which he wiv 
nominated, or a statement of a pro 
posed constitutional amendment, ot 
other question or proposition with the 


word “Yes” for voting for any question 
or the word “No” for voting against 
| any question. The term “question” 
shall mean any constitutional amend¬ 
ment, proposition, or other question 
submitted to the voters at any elec- 
J tion. The term “ballot label” shall 
mean the printed strips of cardboard 
containing the names of the candidates 
nominated, and the questions submit¬ 
ted. The term “irregular ballot” shall 
mean a vote cast, % or on a special 
device, for a person whose name does 
not appear on the ballot labels. The 
term “voting machine custodian” shall 
mean the person who shall have 
charge'of preparing and arranging the 
voting machine for elections. The 
term “protective counter” shall mean a 
separate counter built into the voting 
machine which cannot be reset, which 
records the total number of move¬ 
ments of the operating lever. [As 
amended by cl.ap. 821, Laws of 1913.] 

Saving clause. 

Sec. 421. Nothing herein shall be 
deemed to prohibit the adoption or 
us,e of any voting machine at any elce- 
tion within any town, city or village 
or] that has adopted the same prior to 


the tenth day of December, nineteen 
hundred and thirteen, if the mech¬ 
anism is or may be made adjustable to 
conform to the grouping of candidates 
under the title of the office, but the 
method of conducting an election 
therewith shall be in the manner pre¬ 
scribed by this chapter. [As amended 
by chap. 821, Laws of 1913.] 


'ARTICLE 12. 


BOARDS OF CANVASSERS. 


Section 430. 

431. 


432. 


433. 


434. 


43 ."). 


43G. 


Organization of county 
board of canvassers. 
Production of original 
statements and copies 
thereof. 

Correction of clerical er¬ 
rors in election district 
statements. 

Mandamus to county or 
state boards of canvass¬ 
ers to correct criors. 
Proceedings of state 
board of canvassers 
upon corrected state¬ 
ments of county boards. 
Mandamus to state board 
to canvass corrected 
statements of county 
boards. 

Proceedings upon cor¬ 
rected statements. 
Statements of canvass by 
county boards; preser¬ 
vation of protested, 
void and wholly blank 
ballots. 

Decisions of county 
boards as to persons 
elected. 

Transmission of state¬ 
ments of county boards 
to secretary of state 
and board of elections. 
Organization and duties 
of boal'd of canvassers 
of the city of New 
York. 

Organization of state 
board of canvassers. 
Canvass by state board. 
Certificates of election. 
Record in office of sec¬ 
retary of state of coun¬ 
ty officers elected. 

Organization of county board of can¬ 
vassers. 

Sec. 430. The board of supervisors of 
?ach county shall be the county board of 
anvassers of such county. The county 
card of canvassers of each county within 
he city of New York shall consist of the 


AOC 

do. 


439. 


440 . 


441. 

442. 

443. 

444. 


As renumbered by chap. 8)0, Laws of 19B. 


members of the board of aldermen of the 
mty of New York elected as such within 
the county. The said county boards of 
canvassers shall also within their re¬ 
spective counties be the city board of 
canvassers of such city. The county 
board of canvassers of a county contain¬ 
ing a city or cities shall be the city 
board of canvassers of such city or cities, 
except the board of aldermen of the city 
of Buffalo shall be the city board of 
canvassers for such city. The county 
board of canvassers of the respective 
counties shall meet on the Tuesday next 
after each election of public officers held 
iu such county other than an election of 
town, city, village or district school offi¬ 
cers held at a different time from a gen¬ 
eral election. In the county of Erie the 
board of county canvassers shall meet 
at the usual place of meeting of the 
board of supervisors and in all other 
counties at the office of the county clerk. 
Upon such meeting they shall choose one 
cf their number chairman of such board. 
In the county of Eric the commissioner 
of elections shall be the secretary of the 
board of county canvassers and in all 
other counties the coupty clerk, or if he 
be absent or unable to act, the deputy 
county clerk of such county, shall be 
the secretary of such board. The secret 
tary of the board shall thereupon ad¬ 
minister the constitutional oath of office 
to the chairman of the board, who shall 
thou administer such ohth to each mem¬ 
ber, and to the secretary ,of the board. 
A majority of the members of any board 
cf canvassers shall constitute a quorum 
thereof. If, on the day fixed for such 
meeting, a majority of any such board 
shall not attend, the members of the 
board then present shall elect the chair¬ 
man of the board and adjourn to some 
convenient hour of the next day. If such 
board, or a majority thereof, shall fail 
or neglect to meet within two days after 
the time fixed for organizing such board, 
the supreme court, or any justice there¬ 
of, or county judge within such county, 
may compel tiie members thereof by 
writ of mandamus to meet and organize 
forthwith. [As amended by chap, 432, 
Laws of 1910. 

Production of returns anti tally 

sheets. 

Sec. 431. As soon as such board 
of county canvassers shall have been 
organized, the officer with whom they 
were filed shall deliver to such board 
: of canvassers all the returns with 
tally sheets annexed containing the 
j original statements of canvass re- 
i ceivecl from inspectors of election for 
districts within the county for which 
said board are county or city can¬ 
vassers. The original statements which 
have been delivered to members of 
the board of assessors shall then be 
delivered to the board. If any mem- 
■ her of the county board of canvas¬ 
sers shall be unable to attend the 
first meeting of such board, he shall, 
at or before such meeting, cause to 
be delivered to the secretary of such 
board any original statement that 
may have come into his possession. If. 
at the first meeting of a county board 
of canvassers of any county, all re¬ 
turns with tally sheets annexed so re¬ 
quired to be produced shall not be 
| produced before the board, it shall 
adjourn to some convenient hour of 
the same or the next day, and the 
secretary of such board shall, by spe¬ 
cial messenger or otherwise, obtain 
such missing returns, if possible, 
otherwise he shall procure the other 
set of returns with tally sheets an¬ 
nexed, or, failing that, the third set 
of returns without tally sheets, in 
time to be produced before such 
board at its next meeting. At such 
first meeting, or as soon as an orig¬ 
inal statement of the result of the 
canvass of the votes cast at such elec¬ 
tion in every election district of the 
county shall be' produced before such 
I::ar J, the beard shall proceed to can- 














Eagle Library—THE ELECTION LAW OF THE STATE OF NEW YORK 


59 


vass the votes cast in such county at 
such election. [As amended by chap. 
321, Laws of 1913.] 

Correction of clerical errors in elec¬ 
tion district statements. 

Sec. 432. If, upon proceeding' to 
canvass such votes, it shall clearly 
appear to any county board of canvass¬ 
ers that certain matters are omitted 
from any such statement -which 
should have been inserted, or that 
any merely clerical mistakes exist 
therein, they shall have power, and 
such power is hereby given, to sum¬ 
mon the election officers whose names 
are subscribed thereto before such 
board, and such election officers shall 
forthwith meet and make such cor¬ 
rection as the facts of the case re¬ 
quire; but such election officers shall 
not change or alter any decision be¬ 
fore made by them, but shall only 
cause their canvass to be correctly 
slated. The board of county canvass- 
sers may adjourn from day to day 
not exceeding three days in all, for 
the purpose of obtaining and receiv¬ 
ing such corrected statements. [As 
amended by chap. 821, Laws of 1913.] 

Mandamus to county or state boards 

of canvassers to correct errors. 

Sec. 433. The supreme court may, upon 
affidavit presented by any voter, showing 
that errors have occurred in any state¬ 
ment or determination made by the state 
board of canvassers, or by any board of 
county canvassers, or that any such 
board has failed to act in conformity to 
law, make an order requiring such board 
to correct such errors, or perform its 
duty in the manner prescribed by law, 
or show cause why such correction should 
not be made or such duty performed. 
If such board shall fail or neglect to 
make such correction, or perform such 
duty, or show cause as aforesaid, the 
court may compel such board, by writ 
of mandamus, to correct such errors or 
perform such duty; and if it shall have 
made its determination and dissolved, to 
reconvene for the purpose of making such 
corrections or performing such duty. Such 
meeting of the board of state or county 
canvassers shall be deemed a continua¬ 
tion of its regular session, for the pur¬ 
pose of making such corrections, or oth¬ 
erwise acting as the court may order, 
and the statements and certificates shall 
be made and filed as the court shall 
direct, and shall stand in lieu of 
the original certificates and statements, 
so far as they shall vary therefrom, and 
shall in all places be treated with the 
same effect as if such corrected state¬ 
ments had been a part of the originals 
required by law. 

A special proceeding authorized by this 
section must be commenced within four 
months after the statement or deter¬ 
mination in which it is claimed errors 
have occurred was made, or within four 
months after it was the duty of the board 
to act in the particular or particulars as 
to which it is claimed to have failed to 
perform its duty. 

Proceedings of state board of can¬ 
vassers upon corrected statements 

of county boards. 

Sec. 434. When a new or corrected 
statement or certificate, made by a board 
of"county canvassers under the provisions 
of the preceding section, shall vary 
from the original statement or certificate 
with reference to votes for the offices of 
governor, lieutenant-governor, judge of 
the court of appeals, justice of the su¬ 
preme court, secretary of state, comp¬ 
troller, state treasurer, attorney-general, 
state engineer and surveyor, senator or 
representative in congress, or any of 
them, the county clerk, or other officer 
with whom the same is filed, shall forth¬ 
with prepare and transmit certified copies 
thereof to the officials mentioned in sec¬ 
tion four hundred, and thirty-nine of this 
article, in the manner therein prescribed. 
The secretary of state shall thereupon 
file in his office the certified copy received 


by him, and obtain from the governor and 
comptroller the certified copies received 
by them, or either of them, and file the j 
same in his office. Ke shall then, and 
within five days after any such certified 
copy has been received by him, appoint ! 
a meeting of the state canvassers to be 
held at his office, or the office of the 
state treasurer or comptroller, and the 
said board of state canvassers shall, from 
such certified copies, proceed to make a 
new statement of the whole number of | 
votes given at the election referred to 
in such statement for the various offices 
above mentioned, or any of them, so far 
as the number of voteg for any particu- | 
lar office or candidate .has been changed 
by such new or corrected statement in 
the manner provided by section four hun¬ 
dred and forty-two of this article. Upon 
the new or corrected statement thus 
made, the said board of state canvassers 
shall then proceed to determine and de¬ 
clare what person or persons whose votes 
are affected by such new or corrected 
statement have-vbeen, by the greatest 
number of votes, duly elected to the va¬ 
rious offices, or any of them, and the 
statement, certificate and declaration 
thereupon made shall stand in lieu of I 
the original statement, declaration and 
certificate so far as the latter are 
changed by the former. 

Mandamus to state board to canvass 

corrected statements of county 

boards. 

Sec. 435. The supreme court shall, ^ 
upon application of a candidate interest¬ 
ed in the result of such new or corrected 
statement, or of any voter in the county 
from which such statement came, and 
upon proof by affidavit that the same had 
been made and filed as herein provided, j 
and that the state board of canvassers j 
has neglected or refused to act thereon j 
within the time above prescribed, re- j 
quire said board to act upon such new j 
or corrected statement, and canvass the 
same as above provided, or show cause | 
why it should not do so; and in the event [ 
of the failure of such board to acti 
upon such new or corrected statement 
and canvass the same, or show' cause as 
aforesaid, the court may compel such 
hoard by writ of mandamus to act upon 
and canvass such new or corrected state¬ 
ment, and make a statement, certificate 
and declaration in accordance therewith; 
rnd if the state board of canvassers shall 
have made a determination, and ad¬ 
journed or dissolved before receiving 
such new or corrected statement, the 
court nav compel such board to recon¬ 
vene for the purpose of carrying out its 
order and direction; and for that pur- 
rose the meeting of said board shall be 
deemed a continuance of its regular ses¬ 
sion. 

Proceedings upon corrected state¬ 
ments. 

Sec. 436. The state board of canvassers 
and the secretary of state shall respec¬ 
tively have the same powers and dis¬ 
charge the same duties with reference to 
new or corrected statements, that they 
have and are charged with with reference 
to origir.aL statements. 

Statements of canvass by county 

boards; preservation of protested, 

void and wholly blank ballots. 

Sec. 437. Upon the completion by a 
county board o.T canvassers of the can¬ 
vass of votes of which original state- | 
ments of canvass are by law required ! 
to be delivered to them, by the boards 
or officers with whom the same may 
have been filed by the inspectors of 
election, they shall make separate 
statements thereof as follows: 

1. One statement of all such votes 
cast for each office of elector of presi¬ 
dent and vice-president of the United 
States. 

2. One statement of all such votes 
cast for each state office, to include, in 
the case of a candidate for governor 
who was nominated by two or more 


parties or independent bodies, a sep¬ 
arate statement of the number of votes 
cast for him as the candidate of each 
party or independent body by which 
he was nominated. 

3. One statement of all such votes 
cast for each office of representative 
in congress, except that the board of 
canvassers in the county of New York 
shall not make a statement of the votes 
cast in any election district in said 
county, for any candidate for the office 
of assemblyman, senator or representa¬ 
tive in congress, the candidates for 
which were also voted for by voters in 
election districts in any county not 
within the city of New York. 

4. One statement as to all such votes 
cast upon every proposed constitutional 
amendment or other proposition or 
question duly submitted to all the 
voters of the state. 

5. One statement as to all the votes 
cast for all and each of the candidates 
for each office of member of assembly 
for which the voters of such counfry or 
any portion thereof, except as provided 
in paragraph numbered three in this 
section, were entitled to vote at such 
election. 

6. One statement as to all the votes 
cast for each county office, and office 
of school commissioner, for which the 
voters of such county, or any portion 
thereof, were entitled to vote at such 
election, and to be canvassed by them. 

7. One statement as to all the votes, 
if any, upon any proposition or ques¬ 
tion upon which only the voters of such 
county were entitled to vote at such 
election. 

8. Tn the counties wholly or partly 
within the city of New York, the re¬ 
spective county boards shall make a 
separate statement as to the votes, If 
any, so cast upon any proposition op 
question upon which only the voters of 
saich city vsere entitled to vote at such 
election in such county or portion 
thereof. 

Each such statement shall set forth 
in words written out at length, all votes 
cast for all the candidates for each 
such office; and if any such office was 
to be filled at such election by the 
voters of a portion only of a county, 
all the votes cast for all the candidates 
for each office in any such portion of a 
county, designating it by its proper 
district number or other appropriate 
designation; the name of each such 
candidate; the number of votes so cast 
for each, and, in the case of a candi¬ 
date for governor who was nominated 
by two or more parties or independent 
bodies, the number separately stated of 
votes cast for him as the candidate of 
each party or independent body by 
which he was nominated; and the whole 
number of votes so cast upon any pro¬ 
posed constitutional amendment or 
other proposition or question, and all 
the votes so cast in favor of and against 
the same respectively. Tn the counties 
wholly or partly within the city of New 
York, the respective county hoards shall 
make a separate statement of the votes 
cast for all the city offices voted for 
by the voters of such city or any por¬ 
tion thereof, within such counties. 

The statements required by this sec¬ 
tion shall each be certified as correct 
over the signatures of the members of 
the board, or a majority of them, and 
shall be filed and recorded in fiae office 
of the county clerk of such bounty. 
When the whole canvass shall ;'de com¬ 
pleted, the original statements of can¬ 
vass used thereat shall be filed in the 
office of the secretary of the board. The 
original statement of canvass not used 
at the canvass and the packages of pro¬ 
tested, void and wholly blank ballots 
shall be retained in the office in which 
or by the officer with whom they were 
filed. The packages of protested, void 
nfid wholly blank ballots shall be re¬ 
tained inviolate in the office in which 
they are filed subject to the order and 















60 Eagle Library—THE ELECTION LAW OF THE STATE OF NEW YORK 


examination of a court of competent 
jurisdiction and may bo destroyed at 
the end of six months from the time of 
the completion of such canvass, unless 
otherwise ordered by a court of com¬ 
petent jurisdiction. [As amended by 
chap. 821, Laws of 1913, and chap. 244, 
Laws of 1914.] 

Decisions of county boards ns to per¬ 
sons elected. 

Sec. 438. Upon the completion of the 
statements required by the preceding 
section the hoard of canvassers for 
each county shall determine what per¬ 
son has by the greatest number of votes 
been so elected to each office of member 
of assembly to be filled by the voters 
of each county for which they are coun¬ 
ty canvassers if constituting one assem¬ 
bly district, or in each assembly dis¬ 
trict therein, if there be more than one, 
and each person elected by the greatest 
number of votes to each county office of 
such county to be filled at such election, 
and if there be more than one school 
commissioner district in such county, 
each person elected by the greatest, 
number of votes to the office of school 
commissioner to be filled at such elec¬ 
tion in each district. The county clerk 
of the county of Hamilton shall forth¬ 
with transmit to the county clerk of the 
county of Pulton a certified copy of the 
statement so filed and recorded in his 
office of the county board of canvassers 
of Hamilton county as to all the votes 
so cast in Hamilton county for all the 
candidates and for each of the can¬ 
didates for the office of member of as¬ 
sembly of the assembly district com¬ 
posed of Fulton and Hamilton counties; 
and the county clerk of Pulton county 
shall forthwith deliver the same to the 
Fulton county board of canvassers, who 
shall from such certified copy, and from 
their own statement as to the votes so 
cast for such office in Fulton county, 
determine what person was at such elec¬ 
tion elected by the greatest number of 
votes to such office. Such board of each 
county shall determine whether any 
proposition or question submitted to the 
voters of such county only has by the 
greatest number of votes been adopted 
cr rejected. 

All such determinations shall be re¬ 
duced to writing and signed by the 
members of such board, or a majority 
of them, and filed and recorded in the 
office of the county clerk of such county, 
except in the county of Erie, and in the 
county of Erie in the office of the com¬ 
missioner of elections, who shall each 
cause a copy thereof, and of the State¬ 
ment filed and recorded in his office, 
upon which such determination was 
based, to be published in accordance 
with the provisions of laws eighteen 
hundred and ninety-two, chapter six 
hundred and eighty-six, sections twenty- 
one and twenty-two. 

The clerk of each county, except the 
county of Erie, and in the county of 
Erie the commissioner of elections, shall 
prepare as many certified copies of each 
certificate of the determination of the 
county board of canvassers of such 
county as there are persons declared 
elected in such certificate, and shall, 
without delay, transmit such copies to 
the persons therein declared to be elect¬ 
ed, respectively. 

Transmission of statements of conn- 

ty boards to secretary of state and 

board of elections. 

Sec. 439. Upon the filing in the office 
of the county clerk or commissioner 
of elections of a statement of the 
county board of canvassers as to the 
votes cast for candidates for the of¬ 
fices of electors of president and vice- 
president, or as to the votes cast for 
candidates for state officers, except 
members of assembly, and for repre¬ 
sentatives in congress, or as to the 
votes cast on any proposed constitu¬ 


tional amendment or other proposition 
or question submitted to all the voters 
of the state, such county clerk or com¬ 
missioner of elections shall forthwith 
make three certified copies of each such 
statement, and, within five days after 
the filing thereof in his office, trans¬ 
mit by mail one of such copies to the 
secretary of state, one to the governor 
and one to the comptroller of the state. 
The governor and comptroller shall 
forthwith upon the receipt thereof by 
them deliver such certified copies to 
the secretary of state. If any certified 
copy shall not be received by the 
secretary of state on or before the last 
day of November next after a general 
election, or within twenty days after 
a special election, he shall dispatch a 
special messenger to obtain such cer¬ 
tified copy from the county clerk or 
commissioner of elections required to 
transmit the same, and such county 
clerk or commissioner of elections shall 
immediately upon demand of such mes¬ 
senger at his office make and deliver 
a certified copy to such messenger who 
shall, as soon as practicable, deliver it 
to the secretary of state. 

The county clerk of each county, ex¬ 
cept m the county of Erie and in the 
county of Erie the commissioners of 
elections, shall transmit to the secre¬ 
tary of state -within twenty days after 
a general election, and within ten days 
after a special election, a list of the 
names and residences of all persons 
determined by the board of county 
canvassers of such county to be elected 
member of assembly, school commission, 
er, or to any county office; and on or 
before the fifteenth day of December in 
each year a certified tabulated state¬ 
ment of the official canvass of the votes 
cast in each such county by election 
districts at the last preceding general 
election, to include, in the case of a 
candidate for governor who was nom¬ 
inated by two or more parties or in¬ 
dependent bodies, a separate statement 
of the number of votes cast for him as 
the candidate of each party or in¬ 
dependent body by whioh he was nom¬ 
inated. The secretary of state shall 
obtain from the governor and comp¬ 
troller such certified copies so trans¬ 
mitted to them and file the same in 
his office. 

Upon the filing in the office of the 
county clerk of a county wholly or 
partly within the city of New York of 
a statement of the county board of 
canvassers as to the votes cast for 
candiates for a city office within such 
city, such county clerk shall forth¬ 
with make a certified copy of each such 
statement and, within five days after 
the filing thereof in his office, deliver 
in a sealed envelope such certified 
copy to the board of elections of the 
city of New York; on or before the 
fifteenth day of December in any year 
in which there shall have been an elec¬ 
tion for a city office for which votes 
were cast in a county within the city 
of New York the county clerk thereof 
shall file with the city clerk of such 
city a certified canvass of the votes 
cast in such county or portion thereof 
by election districts for such city of¬ 
fice, and such canvass by election dis¬ 
tricts shall, as soon as possible there¬ 
after, be published in the City Kecorc. 
TAs amended by chap. 244, Laws of 
i.914.] 

Organization and duties of board of 

canvassers of the city of New York. 

Sec. 440. The board of elections of the 
city of New York shall be the board of 
canvasseraof the city of New York of the 
statements of the county boards of can¬ 
vassers of the counties within such city 
of the votes cast in -such city cr any 


portion thereof for a city office or upon 
any proposition or question upon which 
only voters of such city were entitled 
to vote. The members of the board of 
elections shall meet at the usual place 
for holding their regular meeting on the 
first Monday in December succeeding a 
general election for a city office within 
such city and within thirty days after a 
special election, and shall organize by se¬ 
lecting one of the members as chair¬ 
man. The secretary of the board of elec¬ 
tions of the city of New York shall be 
the secretary of the board so organized, 
or if he be unable to serve the board 
may appoint a chief clerk to be such 
secretary. The secretary shall thereupon 
administer to the chairman the consti¬ 
tutional oath of office and the chairman 
shall administer such oath to the mem¬ 
bers of such boards and the secretary 
thereof. 

As soon as such board shall have or¬ 
ganized the secretary shall deliver to 
such board the certified copies of the 
statements of the county board of can¬ 
vassers of each county wholly or partly 
within such city of the votes cast for 
candidates for city office within such city 
and upon any proposition or question, if 
any, submitted to the voters of such city 
only, and the said board shall proceed 
to canvass such statements. If a certi¬ 
fied copy of any statement of any county 
board required to be delivered to said 
board shall not be delivered prior to 
the meeting and organization of said 
board, it may ‘adjourn such meeting 
from day to day not exceeding a term 
of five days, and it shall be the duty 
of the secretary to procure from the 
county clerk of such county the re¬ 
quired certified copy of such statement. 

Upon the completion of such canvass 
said board shall make separate tabulated 
statements signed by the members of 
such board or a majority thereof, and 
attested by the secretary, of the whole 
number of votes cast for all the candi¬ 
dates for each office shown by such cer¬ 
tified copies to have been voted for, the 
whole number of votes cast for each of 
such candidates, the number of votes cast 
in each county for them, and if the voters 
of only a part of a county were entitled 
to vote for such candidates, the part of 
such county, and the determination of 
the board as to the persons thereby 
elected to such office by the greatest 
number of votes. The said board shall 
also make a separate similar tabulated 
statement of the votes cast upon anv 
proposition or question submitted at the 
election to the voters of such city only 
and shall include a determination as to 
whether such proposition or question by 
the greatest number of votes has been 
adopted or rejected. 

Each such statement and determina¬ 
tion shall be filed and recorded in the 
office of the board of elections, and the 
said board shall cause the publication of 
the same in at least two newspapers 
within each borough of such city and in 
the City Record. Upon the filing in the 
office of the board of elections of such 
statements and determination the presi¬ 
dent of the board of elections shall issue 
and transmit by mail or otherwise a cer¬ 
tificate of election to each person shown 
thereby to be elected, such certificate to 
be countersigned by the members of the 
board of elections of the city of New 
York under the seal of the city of New 
York. 

Organization of state board of can¬ 
vassers. 

Sec. 441. The secretary of state, attor¬ 
ney-general, comptroller, state engineer 
and surveyor, and treasurer, shall consti¬ 
tute the state board of canvassers, three 
of whom shall be a quorum. If three of such 
officers shall not attend on a day duly ap¬ 
pointed for a meeting of the board, the 
secretary of state shall forthwith notify 
the mayor and recorder of the city of 


So in ^origlnr' 

















Eagle Lib'rary-THE ELECTION LAW OF THE STATE OF NEW YORK 


61 1 


Albany to attend such meeting, and they 
shall forthwith attend accordingly, and 
shall, with the other such officers at¬ 
tending, constitute such board. The sec¬ 
retary of state shall appoint a meeting 
of such board at his office, or at the 
office of the treasurer or comptroller on 
or before the fifteenth day of December 
next after each general election, and 
within forty days after each special elec¬ 
tion, to canvass the statements of boards 
of county canvassers of such election. 
He shall notify each member of the board 
of such meeting. The board may ad¬ 
journ such meeting from day to day, not 
exceeding a term of five days. 

Canvass by state board. 

Sec. 442. Such board shall at such meet¬ 
ing proceed to canvass the certified copies 
of the statements of the county board of 
canvassers of each county in which such 
election was held. If any member of 
such board shall dissent from a decision 
of the board, or shall deem any of the 
acts or proceedings of the board to be 
Irregular, and shall protest against the 
same, he shall state such dissent or pro¬ 
test in writing signed by him, setting 
forth his reasons therefor, and deliver it 
to the secretary of state, who shall file 
it in his office. 

Upon the completion of such canvass 
said board shall make separate tabulated 
statements signed by the members of 
such board or a majority thereof, of the 
whole number of votes cast for all the 
candidates for each office shown by such 
certified copies to have been voted for, 
the 'whole number of votes cast for each 
of such candidates, the number of votes 
cast in each county for them, and if the 
voters of only a district of the state 
were entitled to vote for any such candi¬ 
date, the name and number of such dis¬ 
trict; the determination of the board as 
to the persons thereby elected to such 
office; the whole number of votes shown 
by such certified copies to have been cast 
upon each proposed constitutional amend¬ 
ment or other proposition or question 
shown by such copies to have been voted 
upon; the whole number of votes cast 
In favor of and against each, respec¬ 
tively; and the determination of the 
board as to whether it was adopted or 
rejected. Each such statement, dissent 
and protest shall be delivered to the sec¬ 
retary of state and recorded in his office. 

Certificates of election. 

Sec. 443. The secretary of state shall 
thereupon forthwith transmit a copy, cer¬ 
tified by his signature and official seal, of 
each such statement as to votes cast for 
candidates for any office, to the person 
shown thereby to have been elected to 
such office. He shall prepare a general 
certificate, under the seal of this state, 
and attested by him as secretary thereof, 
addressed to the house of representatives 
1 of the United States, in that congress 
for which any person shall have been 
chosen, of the due election of all per¬ 
sons so chosen at that election as rep¬ 
resentatives of this state in congress; 
and shall transmit the same to the house 
of representatives at its first meeting. 
If any person so chosen at such elec¬ 
tion shall have been elected to supply 
a vacancy in the office of representative 
in congress, it shall be mentioned by the 
secretary of state in the statements to 
be prepared by him. 

Record in office of secretary of state 

of county officers elected. 

Sec. 444. The secretary of* state shall 
enter in a book to be kept in hla office 
the names of the respective county 
officers elected in this state, in¬ 
cluding school commissioners, speci¬ 
fying the counties and districts for which 
they were severally elected, and their 
places of residence, the offices to which 
they were respectively elected, and their 
terms of office. __ lu_ I 


1 ARTICLE 13. 

“UNITED STATES SENATORS, REP¬ 
RESENTATIVES IN CONGRESS 
AND PRESIDENTIAL 
ELECTORS. 

Section 449. ^u.-nted States senators. 

450. Representatives in con¬ 
gress. 

451. Electors of president and 
vice-president. 

452. Meeting and organization 
of electoral college. 

453. Secretary of state to fur¬ 
nish lists of electors. 

454. Vote of the electors. 

455. Appointment of mes¬ 
senger. 

456. Other lists to be fur¬ 
nished. 

457. Compensation of electors. 
United States Senators. 

Sec. 449. At the general election next 
preceding the expiration of the term 
of office of a United States senator from 
this state, a successor to such office 
shall be elected by the people for a 
full term of six years. If a vacancy 
occur in the office of United States 
senator from this state in any 
calendar year less than thirty days 
prior to a general election, the 
governor shall make a temporary ap¬ 
pointment to fill such vacancy until the 
first day of December in the succeeding 
calendar year. If such a vacancy occur 
in any calendar year more than thirty 
days prior to a general election the 
governor shall make a temporary ap¬ 
pointment to fill such vacancy until 
the first day of December in such cal¬ 
endar year. Such an appointment to fill 
a vacancy shall be evidenced by a cer¬ 
tificate of the governor which shall be 
filed in the office of the secretary of 
state. At the time of filing of such 
certificate the governor shall also issue, 
and file in the office of the secretary of 
state, a writ of election directing the 
election of a United States senator to 
fill such vacancy for the unexpired 
term at the general election next pre¬ 
ceding the expiration of the term of 
such appointment. The provisions of 
this chapter relating to the canvass of 
votes and of election results shall ap¬ 
ply to such an election to fill a vacan¬ 
cy, except that the canvass of votes 
and results affecting the office of 
United States senator shall be complet¬ 
ed by the county board of canvassers, 
and statements thereof certified to the 
secretary of state within ten days after 
the election and the canvass of such re¬ 
sults completed by the state board of 
canvassers and statements thereof cer¬ 
tified to the secretary of state before 
the first day of December following the 
election. Each county board of can¬ 
vassers shall meet and organize for 
such purpose on the third day after 
the election and the state board of can¬ 
vassers on the second Monday after 
election. [As added by Chap. 822, Laws [ 
of 1913.] 

Representatives in congress. 

Sec. 450. Representatives in the house 
of representatives of the congress of the 
United States shall be chosen in the sev¬ 
eral congressional districts at the gen 
eral election held therein in every even 
numbered year. If any such representa¬ 
tive shall resign, he shall forthwith 
transmit a notice of his resignation to 
the secretary of state, and if a vacancy 
shall occur in any such office, the clerk 
of the county in which such representa¬ 
tive shall have resided at the time of his 
election, shall, without delay, transmit a 
notice thereof to the secretary of statp. 


“As renumbered by chap. 800, Laws of 1913. 
“Article heading amended by chap. 820, Laws 
of 1913. 

“Section 449 added by chap. 822) Laws of 1913, 


Electors of president and vice-presi¬ 
dent. 

Sec. 451. At the general election in 
November preceding the time fixed by the 
law of the United States for the choice 
of president and vice president of the 
United States, there shall be elected by 
general ticket as many electors of presi¬ 
dent and vice president as this state 
shall be entitled to, and each voter in 
this state shall have a right to vote for 
the whole number, and the several per¬ 
sons, to the number required to be 
chosen, having the highest number of 
votes shall be declared and be duly ap¬ 
pointed electors. 

Meeting and organization of electoral 

college. 

Sec. 452. The electors of president and 
vice president shall convene at the cap- 
itol on the second Monday in January 
next following their election, and those 
of them who shall be assembled at twelve 
o’clock, noon, of that day, shall imme¬ 
diately at thal hour fill, by ballot and by 
plurality vote, all vacancies in the elec¬ 
toral college occasioned by the death, 
f refusal to serve, or neglect to attend at 
that hour, of any elector, or occasioned 
by an equal number of votes having been 
given for two or more candidates. The 
electoral college being thus completed, 
they shall then choose a president, and 
one or more secretaries from their own 
body. 

Secretary of state to famish lists of 

electors. 

Sec. 453. The secretary of state shall 
prepare three lists, setting forth the 
names of such electors, and the canvass 
under the laws of this state of the votes 
given for each person for whose election 
any and all votes were given, together 
with the certificate of determination 
theron, by the state canvassers; procure 
to the same the signature of the gov¬ 
ernor; affix thereto the seal of the state; 
and deliver the same thus signed and 
sealed to the president of the college of 
electors on the second Monday in Jan¬ 
uary. j 

Vote of the electors. 

Sec. 454. Immediately after the organ¬ 
ization of the electoral college, the elec¬ 
tors shall then and there vote by ballot 
for president and vice president, one of 
whom at least shall not be an inhabi¬ 
tant of this state. They shall name in 
their ballots the person voted for as 
president, and in distinct ballots, the 
person voted for as vice president. They 
shall make distinct lists of all persons 
voted for as president, and of all per¬ 
sons voted for as vice-president, and of 
the number of votes for each, which lists 
they shall sign and certify, and after an¬ 
nexing thereto one of the lists received 
from the secretary of state, they shall 
seal up the same, certifying thereon 
that lists of the votes of this state for 
president and vice-president are con¬ 
tained therein. 

Appointment of messenger. 

Sec. 455, The electors shall then, by a 
I writing under their hands, or under the 
hands of a majority of them, appoint a 
person to take charge of the lists so 
sealed up, and deliver the same to the 
president of the senate at the seat of 
government of the United States before 
the third Monday in the said month of 
January. In case there shall be no pres¬ 
ident of the senate at the seat of govern¬ 
ment on the arrival of the person in¬ 
trusted with the lists of the votes of 
the electors, then such person shall de¬ 
liver the lists of votes in his custody 
into the office of the secretary of state 
of the United States. 

Oilier lists to be famished. 

Sec. 456. The electors shall also for¬ 
ward forthwith, by the post-office in the 
city of Albany, to the president of the 
senate of the United States at thq seat 
of government, and deliver forthwith t*» 








62 


Eagle Library—THE ELECTION LAW OF THE STATE OF NEW YORK 


the judge of the United. States court for 
the northern district of the state of 
New York, similar lists signed, annexed* 
sealed ud and certified in the manner 
aforesaid. 

Compensation of electors. 

See. 457. Every elector of the state for 
the election of a president and vice-pres¬ 
ident of the United States, who shall at¬ 
tend at any election of those officers and 
give his vote at the time and place ap¬ 
pointed by law, shall be entitled to re¬ 
ceive for his attendance at such elec¬ 
tion. the sum of fifteen dollars per day, 
together with ten cents per mile each 
way from his place of residence by t'rfs 
most usual travel route, to the place of 
meeting of such electors, to be audited 
by the comptroller upon the certificate of 
the secretary of state, and paid by the 
treasurer. 


1 ARTICLE 14. 

“STATE StiPERlXTENDEM OF 
ELECTiOAS. 

Section 470. “Metropolitan elections 
district. 

471. State superintendents of 

elections, chief depu¬ 
ties and assistants. 

472. Powers of superintendents, 

clerks and deputies. 

474. Additional deputies. 

475. Control and powers of 

deputies; refusal to 
furnish information. 

476. Aid by private persons and 

public officers. 

477. Subpoenas by state super¬ 

intendent.. 

478. Administration of oaths 

by superintenden t s 
and deputies. 

479. Attendance and duties at 

polling places. 

480. Reports by lodging-house 

and hotel keepers. 

481. Affidavits by hotel keep¬ 

ers bolding liquor li¬ 
censes. 

482. Filing such reports and 

affidavits. 

483. Reports by police and cer¬ 

tain departments. 

484. List to be furnished if re¬ 

quired by the superin¬ 
tendents of elections. 

485. Card lists of registered 

electors. 

486. Removal of deputies. 

487. Salaries and expenses. 

488. Report to governor. 

489 2 ‘'Authority of state super¬ 
intendent of elections. 

Slate SBperlnfeiidfnl of elections, 
chief deputies and assistants. 

Sec. 471. There shall be an officer 
to be known as “state superintendent 
of elections.” The governor shall ap¬ 
point such superintendent of elections 
by and with the advice and consent of 
the senate, who shall hold office for 
the full term of four years. Such term 
shall begin on the first day of Janu¬ 
ary in every fourth year, beginning 
with the year nineteen hundred and 
fifteen and sha.ll expire on the thirty- 
first day of December. Vacancies 
shall be filled for the remainder of 
the unexpired term. Such superin¬ 
tendent may be removed from office 
in the same manner as a sheriff. He 
may appoint one chief deputy without 
nomination, a secretary and neces¬ 
sary clerks, stenographers and other 
employees, and remove them at pleas¬ 
ure. 

[As amended by chap. 240, Laws of 

3 As renumbered by chap. S00, Laws of 1913. 

38, Tjtle amended by chap. 6.19, Laws of 1911 
chap. S00, Laws of 1913. 

3 ®ftepealed by chap. 649, Laws of 1911. 

30 New section added by chap. S31, Laws of 
191L 


1900, chap. 649, Laws of 1911, and 
chap. 678, Laws of 1915.] 

Powers of superintendent, clerks and 

deputies. 

Sec. 472. Such state superintendent 
of elections and the deputies ap¬ 
pointed by him, shall possess and 
exercise all the powers vested in a 
sheriff, as a conservator of the 
peace, either by statute or com¬ 
mon law. The chief deputy shall be 
placed in charge of the branch office 
in the city of New York. Any clerks, 
appointed by the state superintendent 
of elections pursuant to the provisions 
of this article, shall have power, when 
directed by the state superintendent 
of elections, to administer oaths and 
affirmations required by law or by any 
order, rule or regulation of the state 
superintendent of elections, for or in 
connection with the appointment and 
qualification of deputy superintendents 
of elections appointed pursuant to the 
provisions of this article. 

[As amended by chap. 649, Laws of 
1911, and chap. 678, Laws of 1915.] 


Additional deputies. 

Sec. 474. The superintendent, when¬ 
ever he deems it necessary, may ap¬ 
point, in addition to the chief dep¬ 
uty, without nomination, and at pleas¬ 
ure remove, not more than two hun¬ 
dred and thirty-three other deputies, 
to be employed by him in enforcing 
the provisions of this article. 

[As amended by chap. 649, Laws of 
1911, and chap. 678, Laws of 1915.] 


Control and powers of depnties: re¬ 
fusal to furnish information. 

Sec. 475. All deputies appointed un¬ 
der this article shall be subject to the 
direction and control of the state su¬ 
perintendent and he may, subject to 
the next provision, assign them to 
any election district. He must, how¬ 
ever, assign to duty in the city of 
New York seventy of the deputies 
receiving annual salaries and eighty- 
seven deputies receiving per diem 
compensation. The state. superinten¬ 
dent shall make such rules for the 
control and conduct of his deputies 
as he may deem advisable, not in 
conflict with law. 

Such deputies, when directed by the 
state superintendent, shall, on their 
own motion, or on complaint of any 
citizen of the state, may: 

1. Investigate all questions relat¬ 
ing to registration of voters, and for 
that purpose shall have power to visit 
and inspect any house, dwelling, build¬ 
ing, inn, lodging-house, or hotel and 
interrogate any inmate, house-dwell¬ 
er, keeper, care-taker, owner, pro¬ 
prietor or landlord therof or therein, 
as to any person or persons residing 
or claiming to reside therein or there¬ 
at. 

2. Arrest any person without war¬ 
rant who in his presence violates or 
attempts to violate any of the pro¬ 
visions of this chapter or the penal 
law relating to crimes against the 
elective franchise. 

3. Execute warrants of arrest and 
take into custody the person or per¬ 
sons named in such process. 

4. Inspect and copy any .hooks, rec¬ 
ords, .papers or documents relating to 
or affecting the election or the regis¬ 
tration of voters. 

5. Require every lodging-house 
keepei', landlord or proprietor to ex¬ 
hibit his register of lodgers therein at 
any time to such deputy. 

Any person who neglects or refuses 
to furnish any information required 
or authorized by this article, or to ex¬ 
hibit records, papers, or documents 
herein authorized to be inspected, or 
which are required to be exhibited, 
shall be guilty of a misdemeanor. 

[As amended by chap. 649, Laws of 
1911, and chap. C78, Laws of 1915.] 


Aid by private persons and public of¬ 
ficers. 

Sec. 476. The state superintendent, 
or any deputy, may call on any per¬ 
son to assist them in the performance 
of their duty; and they may also call 
on any public officer who by himself 
or his assistants, deputies or subordi¬ 
nates shall render such assistance as 
may be required. Any such person, 
public officer, deputy or subordinate 
who shall fail, on demand of the su¬ 
perintendent or any deputy, to ren¬ 
der such aid and assistance in the 
performance of his duty as he shall 
demand, or who shall willfully hinder 
or delay, or attempt to hinder or de¬ 
lay such superintendent or deputy, in 
the performance of his duty, shall he 
guilty of a felony and shall upon con¬ 
viction thereof be sentenced to im¬ 
prisonment in a state prison for a 
period of not more than three years; 
and if a public officer, shall, in addi¬ 
tion to such imprisonment, forfeit his 
office. A member of a uniformed po¬ 
lice force and every sheriff, deputy 
sheriff and election officer shall, for 
the purpose of this article, be deemed 
a public officer. 

[As amended by chap. 649, Laws of 
1911, and chap. 678, Laws of 1915.] 

Subpoenas by state superintendent 

Sec. 477. The state superintendent 
shall have power to issue subpoenas 
for the purpose of investigating any 
matter within his jurisdiction and of 
aiding him in enforcing the provisions 
of this article, such, subpoenas to be 
issued in the name of the state super¬ 
intendent. Pie may in proper cases 
issue subpoenas duces tecum. A sub¬ 
poena issued by the state superintend¬ 
ent of elections may be served by the 
superintendent or by any deputy ap¬ 
pointed by him or by any police or 
peace officer. 

Any person who shall omit, neglect 
or refuse to obey a subpoena attested 
in the name of the state superin¬ 
tendent and made returnable at one 
of the offices or branch offices of the 
superintendent, or who shall refuse 
to testify under oath before him or 
his chief deputy, or other deputy duly 
designated by the superintendent pur¬ 
suant to the provisions of this article, 
is guilty of a misdemeanor. 

[As amended by chap. 649, Laws of 
1911, and chap. 6 7 ft,-*Laws of 1915.] 

Administration of oaths by superin¬ 
tendent ami deputies. 

Sec. 478. The superintendent, hig 
chief deputy and any of the deputies 
duly designated by the superintendent 
for that purpose, under his hand and 
seal of office, are hereby authorized 
and empowered to administer oaths 
and affirmations in the usual appro¬ 
priate forms, to any person in 'any 
matter or proceedings authorized as 
aforesaid, and in all matters pertain¬ 
ing or relating to the elective fran¬ 
chise and to take and administer oaths 
and affirmations in the usual appro¬ 
priate forms, in taking any affidavit 
or deposition which may be necessary 
or required by law or by any order, 
rule or regulations of the superin¬ 
tendent for or in connection with the 
official purposes, affairs, powers, 
duties or proceedings of said superin¬ 
tendent or deputies or any official pur¬ 
pose lawfully authorized by said su¬ 
perintendent^ 

Any person who shall make any 
false statement under oath before the 
state superintendent, his deputy or 
other deputy authorized to take oaths, 
as herein provided, is guilty of a 
felony. 

[As amended by chap. 649, Laws of 
1911, and chap. 678, Laws of 1915.] 

Attendance and duties at polling 

places. 

Sec. 479. The state superintendent 
may attend at any election,-and each 


















63 


Eagle Library—THE ELECTION LAW OF THE STATE OF NEW YORK 


deputy shall, on election clay, attend 
the election at the polling place to 
which he is assigned. The state su¬ 
perintendent and each deputy shall 
be admitted at any time within any 
polling place and within the guard- 
lails thereof. It shall be the duty 
of the superintendent and of each 
deputy during the election to preserve 
order and arrest any person violating, 
or attempting to violate this chapter 
or any provision of the penal law re¬ 
lating- to the elective franchise. 

[As amended by chap. 640, Laws of 
1911, and chap. 678, Laws of 1915.] 

Reports by lodging-house and hotel 

keepers. 

Sec. 480. It shall be the duty ot 
every landlord, proprietor, lessee or 
keeper of a lodging-house, inn or 
hotel, to keep a register in which shall 
be entered the name and residence, 
the date of arrival and departure of 
his guests and the room, rooms or bed 
occupied by them. This register shall 
be so arranged that there shall be a 
space on the same line in which each 
male guest or male lodger shall sign 
his name, and such landlord, pro¬ 
prietor, lessee or keeper shall' make 
a sworn report upon a blank to be 
prepared and furnished by the state 
superintendent twenty-nine days be¬ 
fore the election next ensuing to the 
said superintendent of elections, 
which report shall contain a detailed 
description of the premises so used 
and occupied as a lodging-house, inn 
or- hotel, including the size and char¬ 
acter of building, and in case only part 
of a building is so used, a statement 
as to what part of said building is so 
used, and also if there be more than 
one building on the premises, which 
particular building is so used, and 
the names of the lodgers therein and 
all employees and all other persons 
living therein including the landlord, 
proprietor, lessee or keeper and mem¬ 
bers of his family, who claim a voting 
residence at or in such lodging-house, 
inn or hotel, together with the lengtn 
of time they have been regularly lodg¬ 
ing or living therein, the beginning of 
such residence, the color, age, height, 
weight, color of hair, marks on face 
or hands, the complexion and any dis¬ 
tinguishing marks or features of face 
or body whereby such persons may 
be identified, the place of their nativ¬ 
ity, the occupation and place of busi¬ 
ness of such persons and the room oc¬ 
cupied by each such person, and 
whether such person is a guest, land- 
’ord, proprietor, lessee or keeper, and 
the signature of each such person. 
Above the space reserved for the sig¬ 
nature of each such person shall be 
printed the following words "the fore¬ 
going statements are true.” In the 
form of affidavit, which shall be sworn 
to by the landlord, proprietor, lessee 
or keeper of such lodging-house, inn 
or hotel, shall be included the state¬ 
ment that the signatures of the guests 
or lodgers certified to in said report, 
were written in the presence of such 
landlord, proprietor, lessee or keeper, 
and that he personally knows them 
to be the persons therein described. 

To the end that the sworn report 
herein required shall truly set forth 
the- facts therein stated, it shall be 
the duty of the said landlord, proprie¬ 
tor, lessee or keeper to question each 
male person lodging or living in such 
lodging-house, inn or hotel as to his 
intention of claiming such place as a 
voting residence, and such person 
shall thereupon declare his intention 
thereof, and if he shall claim such 
place as his voting residence he shall 
give to such landlord, proprietor, 
lessee or keeper such facts regarding 
himself as are required to be incor¬ 
porated in the sworn report herein 
provided for. 

Any such landlord, proprietor, 


lessee or keeper or any lodger who j 
shall violate this provision shall be 
deemed guilty of a misdemeanor. 

LAs amended by chap. 6,49, Laws of 
1911, and chap. 678, Laws of 1915.] 

Affidavits by hotel keepers holding; 

liquor licenses. 

Sec. 481. If any person, other than 
the keeper or members of his family, 
shall claim a voting residence in a 
building or part of the building used 
as a hotel, within three months of a 
general election, in which building or 
part of the building the business of 
trafficking in liquors is conducted 
under a liquor tax certificate issued 
under subdivision one of section eight 
of the liquor tax law, the holder of 
such certificate shall furnish to the 
state superintendent of elections, 
whenever the superintendent shall rer 
quire him so to do, an affidavit prop¬ 
erly acknowledged and signed before 
a notary public, in which the holder 
of such certificate shall state whether 
he and such building have conformed 
to and at the time of making the 
affidavit do conform to all the require¬ 
ments of the laws, ordinances, rules 
and regulations relating to hotels and 
hotel keepers, including all laws, ordi¬ 
nances, rules and regulations of the 
state or locality pertaining to the 
building, fire and health departments 
in relation to hotels and hotel keepers 
and that such building is or was with¬ 
in three months of the said election 
used as a hotel. If for any reason 
the said building or parr or the build¬ 
ing used as a hotel snail be devoted 
to other than hotel purposes within 
three months of said election the 
holder of such liquor tax certificate 
shall state in such affidavit for what 
purpose such building or part thereof 
formerly used for hotel purposes is 
then used, and, if the same has been 
sublet, to any person, he shall so state, 
giving the terms of said lease, and 
the name of the lessee. 

Any holder of a liquor tax certificate 
required to make such affidavit by the 
said superintendent who shall refuse, 
fail or neglect to make and file the 
same forthwith with the superintend¬ 
ent is guilty of a misdemeanor. Any 
holder of a liquor tax certificate who 
shall incorporate any false statement 
in any sworn report or affidavit to 
the superintendent of elections is 
guilty of perjury and in addition to 
suffering the penaltw prescribed by 
law for such crime shall forfeit his 
liquor tax certificate and shall be de¬ 
prived of all rights and privilege^ 
thereunder and of any right to a re¬ 
bate of any portion of the tax paid 
thereon, and shall be debarred from 
trafficking in liquors for a period of 
five years from the date of his con¬ 
viction. 

[As amended by chap. 649, Laws of 
1911, and chap. 678,laws of 1915.] 

Filing* such reports and affidavits. 

Sec*. 482. Any report or affidavit 
required by the two preceding sections 
shall be acknowledged and sworn to 
before a notary public, commissioner | 
of deeds, or justice of the peace, and j 
shall be filed personally by such land¬ 
lord, proprietor, lessee or keeper or 
by registered mail with the said super¬ 
intendent of elections at such office as 
he may designate. 

[As amended by chap. 649, Laws of 
1911, and chap. 678, Laws of 1915.] 

Reports by police and certain depart¬ 
ments. 

Sec. 483. Whenever the state super¬ 
intendent of elections shall require, 
it shall be the duty pf the chief of 
police and the respective, heads of 
the departments of buildings, fire and j 
health to forthwith make a report in I 
writing to the superintendent of elec-I 
tions of every building* or part of a | 


building in such city in which the 
business of trafficking in liquors is 
conducted under a liquor tax certifi¬ 
cate issued under subdivision one of 
section eight of the liquor tax law, 
showing the location thereof by street 
and number, election district and 
assembly district or ward, the char¬ 
acter of such .business, as declared by 
the holder of the certificate, specify¬ 
ing whether it be a hotel, restaurant, 
saloon, store, shop, booth or other 
place and the name of the holder of 
such certificate, and ir the place be a 
hotel the report shall state whether 
or not the building and holder of the 
certificate conform to all the laws, 
ordinances, rules and regulations of 
the state or locality including the 
laws, ordinances, rules and regulations 
of the building, fire and health de¬ 
partments in relation to hotels and 
hotel keepers. 

[As amended by chap. 649, Laws of 
1911, and chap. 678, Laws of 1915.] 

List to I»e fnrjiished if required by the 

superintendent of elections. 

Sec. 484. The superintendent of 
elections shall also have the right 
throughout the year whenever deemed 
necessary by him to require tne 
owner or lessee of any hotel, or inn, 
containing less than fifty rooms and 
every lodging-house or dwelling to 
make to the superintendent within 
ten days after notification, a sworn 
report upon a blank to be prepared 
and furnished by said superintendent, 
which said report shall contain a list 
giving the name of every male person 
of twenty-one years of age and up¬ 
wards, who resides in said hotel, inn, 
lodging-house and dwelling, together 
with the period that they have re¬ 
sided therein, and such other informa¬ 
tion as may be deemed necessary by 
said superintendent, and said super¬ 
intendent shall have the power when¬ 
ever deemed necessary by him to re¬ 
quire said owner or said lessee in 
addition to notify said superintendent 
whenever any of said male persons 
shall within twenty-nine days before 
election leave said hotel, inn, lodging- 
house and dwelling. Said superin¬ 
tendent shall have the power to re¬ 
quire said list to be made by the 
owner if said owner is in possession. 
If said owner is not in possession said 
superintendent shall have the power 
to require said owner to furnish the 
name of the lessee and lessees of 
said building and said superintendent 
shall then have the power to require 
said list of said lessee and lessees. 
In the event that said building is occu¬ 
pied in part by said owner and in part 
by a lessee or lessees the said superin¬ 
tendent shall then have the power to 
compel the owner to furnish the said 
list for the part occupied by him, and 
the names of the lessee or lessees who 
lease the remaining part of said build¬ 
ing, and said superintendent may re¬ 
quire said lists from said lessee or 
lessees. In the event of the neglect 
of the owner or lessee to furnish said 
list when demanded by said superin¬ 
tendent of elections, said owner or 
lessee shall be guilty of a misdemeanor 
punishable by a fine of two hundred 
and fifty dollars, and in case of a 
second conviction shall be punishable 
by a fine of five hundred dollars and 
imprisonment. If the owner furnishes 
to said superintendent a list which 
states that a male person has resided 
in said premises for a longer period 
than he has actually resided therein, 
or if said person puts upon said list 
a name under which no person has 
resided any length of time in said 
premises, said owner shall be guilty 
of a felony and in addition liable to 
a penalty of one thousand dollars, 
which said penalty shall be a lien upon 
the house and the lot upon which the 
hoijee is situated. If the lessee fair* 













64 


Eagle Library—THE ELECTION LAW OF THE STATE OF NEW YORK 


nishes a false list then the said lessee 
shall be liable to a penalty of one 
thousand dollars, which said penalty, 
in addition to being satisfied out of 
any goods or chattels of the lessee, 
shall be a lien upon the leasehold, and 
shall entitle said leasehold to be sold 
to satisfy said penalty subject to the 
rights of the landlord. Every penalty 
imposed herein upon a house or lease¬ 
hold shall be a lien upon the house 
and lot or leasehold in relation to 
which the penalty is imposed from 
the time of filing of a certified copy of 
the judgment in the office of the clerk 
of the county in which said house and 
lot or leasehold is situated, subject 
only to taxes, assessments, water rates 
and to such mortgages and mechanics’ 
liens as may exist thereon prior to 
such filing, and it shall be the duty of 
the prosecuting officer upon the entry 
of said judgment to forthwith file the 
copy as aforesaid in the office of the 
clerk of the county and said copy upon 
said filing shall be forthwith indexed 
by the clerk in the index of mechanics’ 
liens. A lis pendens may be filed in 
the office of the clerk of the county in 
which the realty or leasehold is situ¬ 
ated at the time of the commencement 
of the proceedings under this section. 

[As amended by chap. 649, Laws of 
1911, and chap. 678, Law's of 1915.] 

Card lists of registered electors. 

Sec. 485. The boarc jf inspectors 
of each election district hall on each 
day of registration transfer to cards, 
to be provided for that purpose by 
the secretary of state, w'hich cards 
shall be in form and style approved 
by the state superintendent of elec¬ 
tions, a complete copy of the name 
of each person registered in their 
respective districts, together with all 
of the answers made and information 
given by the person registered, at the 
time of registration, and such cards, 
inclosed and sealed in a cover to be 
provided for that purpose by the sec¬ 
retary of state, shall be delivered per¬ 
sonally or by mail forthwith by the 
chairman of the board of inspectors 
together with a statement on a blank 
form, to be furnished by the secretary 
of state after approval by the state 
superintendent of elections, that the 
cards delivered contain a correct copy 
of all the names registered and infor- 
maton given by the persons so reg¬ 
istered, to the state superintendent 
of elections at one of his offices to be 
designated by him. 

[As amended by chap. 649, Laws of 
1911, and chap. 678, Laws of 1915.] 

Challenge lists. 

Sec. 486. 1. The state superintendent 
of elections shall prepare for each 
election district in the city of New 
York a challenge list containing the 
names, alphabetically arranged, and 
addresses of all persons who, by rea¬ 
son of death, removal, conviction or 
otherwise, have lost the right to reg¬ 
ister from the addresses within such 
election district from which they reg¬ 
istered at the last preceding election. 
Such challenge lists shall be delivered 
to the respective boards of registry 
in such city at least one-half hour be¬ 
fore the commencement of registra¬ 
tion. It shall be the duty of the chair-j 
^•,an of such respective boards of 
registry to challenge the registration i 
£f any person applying to them for 
registration under any name on said 
challenge lists, unless it shall affirma¬ 
tively appear after strict examination 
of the voter, and, if necessary, others 
also, that such voter has become 
domiciled at a new address within; 
the election district. Said challenge 
lists shall contain a column headed 
“remarks” and it shall be the duty of 
the chairman of the respective boards 
of registry to enter in said column 
opposite the names on said lists 
whether any person applying for reg¬ 


istration under any name on said lists 
who was challenged was allowed to 
register and the reason for allowing 
him to register. If a person applies for 
registration under any name on said 
challenge lists who is challenged and 
does not register then there shall be 
entered opposite such name in the 
aforesaid column headed “remarks” 
the words “challenged but did not reg¬ 
ister.” If no person applies for regis¬ 
tration under any name on said chal¬ 
lenge lists then there shall be entered 
opposite each such name in the afore¬ 
said column headed “remarks” the 
words “no application.” Any duly ac-; 
credited watcher shall have the right 
to examine such challenge list. On 
each day of registration the chairman 
of the board of registry shall make 
the challenges and the entries in the 
column headed “remarks” as hereto¬ 
fore provided. At the close of the last 
day of registration said challenge lists 
shall be signed and certified as true by 
each member of such board of regis¬ 
try and returned to the state super¬ 
intendent of elections in a sealed en¬ 
velope provided therefor by the said 
state superintendent. 

2. After the last day of registration 
and before election day in each year j 
the state superintendent of elections 
also shall prepare for each election 
district in the city of New York a chal-J 
lenge list containing the names, al¬ 
phabetically arranged, and addresses 
of all persons registered in such dis¬ 
trict during said last preceding period 
of registration whom he shall have 
reason to believe, from investigation 
or otherwise, not to be entitled to vote 
at said election. Such challenge lists 
shall be delivered to the respective 
boards of inspectors hi such city at 
least one-half hour before the open¬ 
ing of the polls of each election. It 
shall be the duty of the chairman of 
the respective boards of inspectors to 
challenge the vote of any person pre¬ 
senting himself to vote under any 
name on said challenge lists. Said 
challenge lists shall contain a column 
headed “remarks,” and it shall be the 
duty of the chairmen of the respective 
boards of inspectors to enter in said 
column opposite the names on said 
lists whether any person applying to 
vote under any name on said lists 
who was challenged W'as allowed to 
vote and the reason for allowing him 
to vote. If a person applies to vote 
under any name on said challenge lists 
who is challenged and does not vote, 
then there shall be entered opposite 
such name in the aforesaid column 
headed “remarks” the words “chal¬ 
lenged but did not vote.” If no person 
applies to vote under any name on 
said challenge lists then there shall be 
noted opposite each such name in 
the aforesaid column headed “re¬ 
marks” the words “no application.” Atj 
the close of the polls said challenge 
lists shall be signed and certified as 
true by each member of such board 
of inspectors and returned to the state 
superintendent of elections in a sealed 
envelope provided therefor by the said 
state superintendent. 

3. The state superintendent of elec¬ 
tions shall prepare duplicates of all 
challenge lists provided for in this sec¬ 
tion and he shall keep said dupli¬ 
cate challenge lists on file in his office 
from the time of their preparation un¬ 
til the close of the third general elec¬ 
tion following the preparation of said 
challenge lists. The aforesaid original 
challenge lists shall also be kept on file 
for two years after the general elec¬ 
tion following their preparation. 

[As amended by chap. 649, Laws of 
1911, and chap. 678, Laws of 1915.] 

Salaries and expenses. 

Sec. 487. The annual salary of the 
state superintendent of elections shall 
be five thousand dollars; of the chief 
deputy, four thousand dollars; of the 
secretary, two thousand dollars; of 


one chief stenographer, fifteen hun¬ 
dred dollars; of not more than thir¬ 
teen of the deputies, of whom eight 
may be assigned to take charge of the 
branch offices, fifteen hundred dollars 
each; of not more than seventy of the 
deputies, one thousand dollars each, 
payable semi-monthly. All other 

I deputies shall receive five dollars for 
each day’s service, not exceeding forty 
days for any on© election, to be paid 
on'the certificate of the superintendent 
or chief deputy, which forty days shall 
be within a period beginning one 
week before the first day of registra¬ 
tion and ending December thirty-first 
of such year. The salaries of the clerks 
and other stenographers shall be fixed 
by the said superintendent. All sala¬ 
ries and other compensation provided 
by this section shall be paid by the 
state treasurer on the warrant of the 
comptroller. 

The state superintendent may pro¬ 
vide one main office, which shall be lo¬ 
cated in the city of Albany, and 
branch offices in his discretion, not to 
exceed eight in number, one of which 
shall be located in the city of New 
York and furnish them with needed 
furniture, stationery and supplies, and 
expend for such purpose and for dis¬ 
bursements and expenses in carrying 
out the provisions of this article, not 
exceeding forty thousand dollars each 
year, to be paid by tne state treasurer 
on the audit and warrant of the comp¬ 
troller. 

[As amended by chap. 649, Laws of 
1911, and chap. 678, Laws of 1915.] 

Report to governor. 

Sec. 488. The state superintendent 
of elections shall annually in the 
month of December file with the 
governor a report showing the names 
and residences of the persons appoint¬ 
ed by him as deputies during the year, 
the number of days each has served, 
the compensation certified for each, 
the number of arrests made for viola¬ 
tion of this chapter or the penal law, 
the names of the persons arrested, the 
nature of the offense charged, the dis¬ 
position thereof, and any other facts 
in relation to the administration of his 
office which the state superintendent 
may deem proper or which may be 
required by the governor. 

[As amended by chap. 649, Laws of 
1911, and chap.678, Laws of 1915.] 

Authority of state superintendent of 

elections. 

Sec. 489. The authority, powers and 
jurisdiction of the state superintend¬ 
ent of elections with respect to gen¬ 
eral elections, as defined by the pro¬ 
visions of this article, are hereby ex¬ 
tended to primary elections, so far as 
such provisions may be applicable, 

[Added by chap. 891, Laws of 1911, 
and amended by chap. 678, Laws of 
1915.] 

Sec. *44. The terms of office of the 
present state superintendents of elec¬ 
tions shall expire upon the appoint¬ 
ment and qualification of a single su¬ 
perintendent of elections under the 
provisions of section four hundred 
and seventy-one of the election law 
as amended by this act. Upon the 
appointment and qualification of such 
superintendent of elections, he shall 
succeed to the powers and duties of 
such superintendents of elections ex¬ 
cept as modified by this act and shall 
have the charge, custody and control 
of the offices, property, books, rec¬ 
ords, papers and documents pertain¬ 
ing to the powers and duties of such 
superintendents. After this act takes 
effect and until the appointment and 
qualification of such superintendent 
of elections, the present superintend¬ 
ents of elections shall have the powers 

•So in original. 


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Eagle Library—THE ELECTION LAW OF THE STATE OF NEW YORK 


65 ^ 


and duties of the superintendent of 
elections as prescribed by the election 
law as amended by this act. This 
act shall not affect any matter pend¬ 
ing under the election law at the time 
it takes effect or at the time of the 
appointment of a single superintend¬ 
ent of elections under section four 
hundred and seventy-one of such law 
as amended by this act, which pertain 
to the powers and duties of the pres¬ 
ent superintendents of elections, nor 
affect the running of time with respect 
to any proceeding provided for in 
the election law. Any such pending 
matter pertaining to the functions of 
the state superintendents of elections 
shall be continued and disposed of by 
the state superintendent of elections. 

[Added by chap. 678, Laws of 1915.] 

1 ARTICLE 15. 

SOLDIERS* AND SAILORS* ELEC¬ 
TIONS. 

Section 500. Special polls in time of 
war. 

501. General register of absent 

voters. 

502. Poll book and oaths. 

503. Official war ballots. 

504. Official envelopes for war 

ballots. 

505. Delivery of official war 

ballots, poll books and 
envelopes. 

506. Lists of nominations. 

507. Polls of election. 

508. Opening of the polls. 

509. Organization of the polls. 

610. Conduct of elections. 

511. Count of the votes. 

512. Returns not to be rejected 

because of informality of 
election. 

613. Disposition of envelopes 
and ballots. 

514. Canvass by inspectors of 

election. 

515. Canvass by county board. 

516. Canvass by state board. 

617. Returns or statements not 

made and filed prior to 
certain dates in any year 
not to be canvassed. 

518. Provisions of penal law 

relating to crimes against 
the elective franchise to 
apply. 

519. Filling vacancies in the 

office of inspector of 
elections. 

620. Elections may be con¬ 

tested. 

621. General provisions con¬ 

cerning elections to ap- 

ply. 

522. Copies of this article to be 
published and distributed. 

Special poll* in time of war. 

See. 500. Whenever, in time of war, any 
qualified voter of this state shall be in 
the actual military service of this state 
or of the United States, in the army or 
navy thereof, and by reason thereof ab¬ 
sent from his election district, such ab¬ 
sent voter shall be entitled to vote as 
fully as if he were present at his place of 
residence in the manner hereinafter pro¬ 
vided. 

General register of absent voter*. 

Sec.- 501. It shall be the duty of the 
secretary of state to prepare and make 
a general register in which shall be en¬ 
tered in alphabetical order the names of 
the voters of this state absent from their 
respective election districts in time of 
war in the actual military service of this 
state or of the United States in the army 
or navy thereof. Such general register 
shall contain the name and residence of 
each such absent voter by street and 
number, if any, and the name of the 
county and city or town in which he re- 

»A* renumbered by chap. S00, Laws of 1913. 


sides, so far as the secretary of state 
can ascertain the same. It shall also 
contain the name or number or other 
designation of the regiment, company, 
troop, vessel or other command to which 
each such absent voter is attached or 
assigned, and the location of such com¬ 
mand at the time of such entry, so far as 
he can ascertain the same. 

In order to secure the necessary in¬ 
formation to make and complete such 
general register, it shall be the duty of 
the secretary of state to prepare proper 
blanks and forward the same to the com¬ 
manding officer of each command in 
which there are any such absent voters 
of this state, to be filled out with the 
necessary information, attested by him, 
and returned forthwith, securely sealed, 
to the secretary of state. Such general 
register shall be a public record and 
shall at all reasonable times be open for 
inspection by any voter of this state. 
It is hereby made the duty of every 
public officer, and of every citizen, to 
furnish to the secretary of state such 
information as he may possess relating 
to such absent voters; and any person 
who shall refuso so to do, or shall wil¬ 
fully furnish false information in refer¬ 
ence to such absent voters, shall be 
deemed guilty of a felony and shall, upon 
conviction thereof, be punished by im¬ 
prisonment In a state prison for not less 
than one year nor more than three years. 

Poll books and oaths. 

Sec. 502. It shall bo the duty of the 
secretary of state to cause to be prepared 
and printed in book form a sufficient 
number of poll books, at least two books 
for each poll, for the use of the inspectors 
of elections at the polls of the elections 
held under the provisions of this article. 
Such poll books shall be in the general 
form of those prescribed for use at elec¬ 
tions in this state, omitting all columns 
except those for the number, name and 
residence of each voter, and so arranged 
that there can be entered therein, in ad¬ 
dition to such entries, in separate col¬ 
umns, the name of the county and city 
or town in which the persons voting at 
such poll reside or claim tu reside, and 
also the designation of the particular 
command to which each such person is 
attached or of which he forms a part. 
Upon the first page of each such poll 
book shall he printed the date and char¬ 
acter of the election for which it is 
prepared, and blank spaces in which shall 
be written by the inspectors the place 
at which the poll was held, and the 
names and residences of the persons act¬ 
ing as inspectors of election thereat. 
Upon the page following the last page of 
each such poll book used for recording 
the names of voters at such poll, shall 
be printed a blank certificate, to be 
signed by the inspectors of election at 
the close of the polls. Such certificate 
shall be substantially in the following 
form: 

“We, the inspectors of election for the 
general (or special) election held at 
(here follows the name of the place) on 

the . day of.. 19. 

do hereby certify that the names of the 
persons recorded herein as having voted 
at such election, such persons number¬ 
ing in all (here follows the number in 
figures and words), are all the persons 
who appeared before us and demanded to 
vote at such election, and took the oath 
required, and who voted at such election. 


Inspectors of Election.” 

Such poll books shall also contain the 
oaths for the inspectors of election pro¬ 
vided in section five hundred and nine of 
this article. 

Official -war ballots. 

Sec. 503. It shall be the duty of 
the secretary of state to cause 


to be prepared and printed 
least twice as many official ballots in 
the form hereinafter prescribed as there 
are voters absent from their respective 
election districts as shown by such gen¬ 
eral register. Each such official ballot 
shall be six Inches wide and of such 
length as to allow one-quarter of an inch 
for the title of each office printed upon 
the face thereof and one-half inch for 
the name of each candidate for such office 
as the voter may lawfully vote for and 
one-half inch for the title of each class 
of offices. Each class of offices shall be 
separated by a solid black line one-eighth 
of an inch wide running across such bal¬ 
lot. All such ballots shall be uniform in 
size and style of type used and shall con¬ 
tain the titles of all offices, as near as 
may be, for which any voter may vote in 
any election district of the state at such 
e.iction. The type and paper for such 
ballots shall conform generally to that 
used for the official ballots prescribed by 
this chapter. Such ballot shall be printed 
in substantially the following form: 

“STATE OFFICES. 

For Governor. 

For Lieutenant-Governor. 


JUDICIAL OFFICES. 

For Associate Judge of the Court of 
Appeals. 

For Justice of the Supreme Court for 
.Judicial District. 


LEGISLATIVE OFFICES. 

For Representative in Congress for....... 

Congressional District. 

For State Senator for.Senate District. 

For Member of Assembly for....Dis¬ 
trict of.County. 


COUNTY OFFICES. 

For Sheriff of.....County. 

For District Attorney of.County. 

CITY OFFICES. 

For Mayor of the City of. 


WARD OR TOWN OFFICES. 

For Supervisor of....Ward of Town of.... 
For Justice of the Peace, Town of.. 


ELECTION DISTRICT OFFICES. 
For Inspectors of Election for.Elec¬ 
tion District, Town of.** 

Upon the back of each such ballot shall 
be printed the words: 

“OFFICIAL WAR BALLOT 
For the general (or special) election, 
held November ., 19....” 

Official envelope* for war ballot*. 

Sec. 504. He shall also cause to be pre¬ 
pared and printed at least twice as many 
official envelopes as there are voters ab¬ 
sent from their election districts, a8 
shown by such general register. Such 
envelopes shall be gummed, ready for 
sealing. Upon one side of such envelops 
shall be printed In substantially the fol¬ 
lowing form the following: 

“OFFICIAL WAR BALLOT 
For 

General Election. November .19.. 

Name of voter.*. 

Residence (street and number, if any) 

County of. 

City or Town of.. 


Secretary of State.” 

Upon the other side of such envelope 
shall be printed the following oath: 

“OATH OF ELECTOR. 

“I do swear (or affirm) that I have been 
a citizen of the United States for ninety 
days and am now of the age of at least 

twenty-one years, or will be on the.. 

day of. 19..; that I will have 

been an inhabitant of the state of 


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66 Eagle Library—THE ELECTION LAW OF THE STATE OF NEW YORK 


York for ono year next preceding this 
election and for the four months preced¬ 
ing such election a resident of the county 

of...... and am a qualified voter, 

residing at (street and number, if any) 

.. in the (city or town of).; 

that I am in the actual military (or 
naval) service of the state of New York 
or of the United States, and at present 

attached to. (here state the 

particular command to which attached); 
and that I have not received or offered, 
do not expect to receive, have not paid, 
offered or promised to pay, contributed, 
offered or promised to contribute to an¬ 
other, to be paid or used, any money or 
other valuable thing, as a compensation 
or reward for the giving or withholding 
of a vote at this election, and have not 
made any promise to influence the giving 
or *withhholding of any such vote; and 
that I have not made or become directly 
or indirectly interested in any bet or 
wager depending upon the result of this 
election; and that I have not been con¬ 
victed of bribery or any infamous crime, 
or, if so convicted, that I have been par¬ 
doned and restored to all the rights of 
a citizen.” 

If at such election any proposed 
amendment to the constitution or other 
proposition or question is to be sub¬ 
mitted to the vote of the voters of 
the state, the secretary of state shall 
furnish an equal number of ballots for 
questions so submitted in the form pre¬ 
scribed by section three hundred and 
thirty-two of this chapter, which shall 
be properly indorsed, as a war ballot. 

Delivery of oilieial war ballots, poll 

books and envelopes. 

Sec. 505. The secretary of state shall 
cause to be, delivered to the commanding 
officer of every command in which ten or 
more voters of this state are included, 
absent from their respective election dis¬ 
tricts in time of war in the actual mili¬ 
tary service of this state or the United 
States in the army or navy thereof, a 
sufficient number of official war ballots 
of each kind and official envelopes, at 
least twice as many as there are such 
voters in such command; and two poll 
books for the use of such voters at each 
poll of each election held under the pro¬ 
visions of this article. Such official war 
ballots, poll books and envelopes shall be 
delivered in time for use at the election 
for which they are prepared, in such man¬ 
ner and by such means as shall in the 
judgment of the secretary of state be best 
suited to secure their saf^> and timely 
delivery for the use of the voters at the 
election for which they have been pre¬ 
pared. 

Lists of nominations. 

Sec. 506. It shall be the duty of each 
county Clerk or board with whom or 
which certificates of nominations to pub¬ 
lic office are filed to cause a certified 
list of such nominations to be forthwith 
forwarded by mail to the secretary ot 
state, including the name and residence 
of each nominee together with the title 
of the office for which he is nominated 
and the party or other political name 
specified in such certificates of nomina¬ 
tion. It shall be the duty of the secre¬ 
tary of state after the receipt by him of 
such certified lists of nominations to 
communicate so far as practicable, to 
each commanding officer of any command 
having therein ten or more voters of this 
state absent from their respective elec¬ 
tion districts in time of war. in the ac¬ 
tual military service of this state or the 
United States in the army or navy there¬ 
of, the name and residence of each per¬ 
son named in any certificate of nomina¬ 
tion so certified by a county clerk or filed 
in the office of the secretary of state, 
together with the title of the office for 
which he is nominated and the party or 
other political name specified in such cer¬ 
tificates of nominations; and upon re¬ 
ceipt thereof each such commanding of- 

•So in original. 


fleer shall cause such information to bo 
posted in a conspicuous place for the 
information of such absent voters in his 
command. 

Polls of election. 

Sec. 507. Polls of an election held under 
the provisions of this article shall be 
opened on the day of such election at 
the quarters of the captain or other com¬ 
manding officer of any company, troop or 
other command in the military service of 
this state or of the United States in the 
army or navy thereof, if the same be 
composed in whole or in part of voters 
of this state. All qualified voters of 
this state in such command may vote 
at such poll. Officers and enlisted men, 
voters of this state, attached to or 
forming part of a command having 
therein less than ten such voters, or de¬ 
tached by military order and absent from 
their command, may vote at such 
other poll as may be most convenient 
for them. 

Opening; of flie polls. 

Sec. 60S. Any election held under the 
provisions of this article shall be held 
upon the day of the general or special 
election in this state, or on any secular 
day within twenty days next prior there¬ 
to, such prior day to be fixed by tbe 
commanding officer of any command 
where the poll or polls for such election 
shall be held, by proclamation duly 
made; provided, however, that if by rea¬ 
son of the exigencies of war such election 
can not be held in any of the polls herein 
provided on the day so fixed, such elec¬ 
tion may be held on the next day prac¬ 
ticable thereafter upon like proclamation 
of the commanding officer of any such 
command; but such election shall not be 
held later than the day of such general 
or special election. Such polls shall be 
opened at such hour of the day as shall 
be most convenient for such voters and 
shall remain open not less than three 
hours and as much longer as shall, in the 
opinion of the inspectors of election serv¬ 
ing at such polls, be necessary in order 
to receive the votes of all voters of this 
state entitled to vote at such polls; but 
no polls shall be kept open later than 
sunset of the day on which such election 
shall be held. 

The inspectors shall at the opening of 
ouch polls make public proclamation of 
the opening thereof and the time at 
which such polls shall be closed, and as 
near as may be, at one hour before the 
closing of the polls, public proclama¬ 
tion shall again be made by the inspec¬ 
tors that the polls will be closed at a 
time certain then proclaimed, which shall 
be the hour announced in the proclama¬ 
tion made at the opening of the polls. 
The polls shall not for any reason be 
kept open after the hour fixed by the 
first proclamation. 

Organization of the polls. 

Sec. 509. At the hour and place herein 
provided for the opening of the polls, the 
qualified voters of this state then pres¬ 
ent shall, by viva voce vote, select four of 
their own number to act at such election 
as the inspectors of election thereof. 
Such inspectors shall, so far as possible, 
be so selected that they shall equally 
represent the two political parties of 
this state which at the last preceding 
election in this state polled the highest 
and next highest number of votes respec¬ 
tively. Such inspectors, when so elected, 
shall choose one of their number as 
chairman of the board of inspectors by 
election or by drawing lots. Such chair¬ 
man shall then administer the oath oi 
office to the other inspectors and one of 
the other inspectors shall then administer 
the same to the chairman. The oath to 
be administered shall be as follows: 

‘‘I do solemnly swear (or affirm) that 
I will support the constitution of the 
United States and the constitution of the 
state of New York, and that I will faith¬ 
fully discharge the duties of the office of 


inspector of election according to the 
best of my ability.” 

Such oath or affirmation shall be writ¬ 
ten or printed, or partly written and 
partly printed, and attached to or entered 
upon the poll books used at such elec¬ 
tion, and subscribed by the person 
taking the same and certified by the 
person administering the same. 

Immediately upon the organization of 
such board of inspectors the command¬ 
ing officers to whom shall have been de¬ 
livered any official war ballots, poll 
books and envelopes shall deliver the 
same to the inspectors of election of such 
election and shall take a receipt therefor, 
which receipt shall be forwarded by mail 
by such commanding officer to the sec¬ 
retary of state. The said inspectors shall 
produce and have at the polls, before any 
votes are taken by them, a box for the 
reception of the ballots to be voted at 
such election. Before proceeding to take 
any votes they shall open said box and 
publicly exhibit the inside thereof, and 
the same shall be entirely empty. They 
shall then close and securely fasten the 
same and the said box shall not be 
opened again until the close of the polls 
at such election. Each such box shall 
have an opening in the top thereof for 
the reception of voted ballots. 

The chairman of ihe board of inspec¬ 
tors shall have charge of the ballot box 
during the election and shall receive from 
the qualified voters their envelopes con¬ 
taining ballots and shall deposit them in 
the ballot box. He shall designate two 
other inspectors, of opposite political 
faith, if possible, to keep the poll books 
of such election. The remaining inspec¬ 
tor shall have charge of the official bal¬ 
lots and envelopes and shall deliver the 
same to the qualified voters entitled to 
vote at such election. 

Conduct of elections. 

Sec. 510. The election shall be by bal¬ 
lot.. Before any person shall receive an 
official ballot or be permitted to vote, he 
shall make and subscribe the oath printed 
upon the official envelope, as provided by 
this article, and any member of said 
board of inspectors is hereby authorized 
to administer and attest such oath. If 
any voter shall refuse to take the oath 
so tendered he shall not be allowed to 
vote; but if he shall take the oath ten¬ 
dered him his vote shall be accepted. 
Upon taking the oath required, the voter 
shall give to the inspectors keeping the 
poll books, who shall each enter upon 
the poll book kept by him. his name and 
residence by street and number, if any, 
county and city or town. He shall also 
give such other information as is re¬ 
quired to be entered in such poll book. 
When such voter gives such information 
to such inspectors, the inspector having 
♦charges of the ballots and envelopes 
shall write in the proper blank spaces 
upon such official envelope the name and 
residence by street and number, if any, 
of such voter, and the county, and the 
city or town in which he claims to re¬ 
side, and shall deliver such ballot or bal¬ 
lots and such envelope, to such voter. 
Such voter shall then retire to some 
convenient place and shall prepare his 
ballots and envelope for voting. 

The voter may write or paste upon his 
ballot the name of any person for whom 
he *decires to vote for any *efflce for 
which such voter may lawfully vote at 
such election. Any such voter may 
paste upon such ballot a printed ballot 
of his own selection or preparation, to be 
known as a paster ballot, containing the 
titles of all the offices to be filled and 
the names of the candidates therefor for 
whom he desires and is entitled to vote 
at such election. Such paster ballot may 
be gummed and the voter may paste the 
whole or any part of such paster ballot 
upon the official ballot. Any name so 
written or pasted upon the official ballot 
shall be deemed the choice of the voter. 
All pasters shall be of white paper and 

♦So in original. 
















Eagle Library—THE ELECTION LAW OF THE STATE OF NEW YORK 


67 


printed in type uniform with that re- j 
quired to be used upon the official ballot ^ 
and printed in plain black ink. A 
paster shall be so attached to the 
ballot that when the ballot is folded 
no printed portion of such paster shall 
be visible. 

After preparing his ballot and before 
delivering the same to the chairman of 
the board of inspectors, the voter shall 
fold his ballot in such a way that the 
contents of the ballot shall be concealed ! 
and inclose the same in such envelope [ 
which he shall securely seal. He shall 
then deliver such envelope to the chairman 
of the boai'd of inspectors; but before 
such envelope shall be deposited in the 
ballot box the chairman shall declare 
from such envelope the name of such 
voter and his residence by street and 
number, if any, county and city or town, 
and if such voter is entitled to vote and 
such envelope is securely sealed and his 
name and the other matter hereby re¬ 
quired is recorded upon the poll books, 
the inspector keeping such poll books 
shall announce the same as correct 
and shall record such voter as vot¬ 
ing. The chairman shall thereupon 
deposit such envelope containing such 
ballot or ballots in the ballot box. Any 
voter so having voted, shall not again be 
entitled to vote at 9uch election, though ( 
present on election day in the election 
district where he resides. 

If, for any cause, the official ballots, 
poll books and envelopes shall not be 
provided as required by law at any poll¬ 
ing place, upon the opening of the polls 
for any election thereat, or if the supply 
of official ballots or envelopes shall be 
exhausted before the polls are closed, un¬ 
official ballots, poll books and envelopes 
printed or written, made as nearly as 
practicable in the form of the official 
ballot, poll books and envelopes may be 
used. 

Count of the votes. 

Sec. 511. As soon as the polls of an 
election are closed, the inspectors of j 
election thereat shall publicly destroy all 
official envelopes and ballots not voted; 
and shall then publicly open such ballot 
boxes and count and ascertain the num¬ 
ber of voters voting and not adjourn 
or postpone the count until it shall be 
fully completed. The board of inspectors 
shall commence the count by comparing 
the two poll books used at such election, 
correcting any mistakes therein, and by 
counting the envelopes containing ballots 
found in the ballot boxes without open¬ 
ing them, and by comparing the envel¬ 
opes containing ballots found in such box 
with the number shown by the poll books 
to have been deposited therein. The in¬ 
spectors shall number each voter whose 
name is recorded in such poll books as 
having voted beginning with the first 
name entered therein and numbering the 
same in consecutive order and shall fill 
out and sign the certificate required to j 
be made by them as to the whole num- j 
her voting at such election. If the en¬ 
velopes containing ballots found in such 
box shall be more than the number of 
such envelopes so shown by the poll 
books to have been deposited therein, the 
inspectors shall compare the names upon 
such envelopes with the names recorded 
in such poll books and all such envelopes 
so found in said ballot box purporting ! 
to have been deposited therein by a voter 1 
whose name is not duly entered in such J 
poll books as herein provided, shall with j 
their contents be immediately destroyed, ! 
without opening the same; and if more! 
than one such envelope shall be found j 
in said ballot box purporting to have 
been deposited therein by the same voter, 
then all such envelopes and their con¬ 
tents purporting to have been deposited 
in such ballot box by such voter shall 
be destroyed. No such envelope that 

has not the official indorsement as herein 
provided shall be counted. 

At the completion of the count the 
inspectors shall certify the correctness 
*■* *he same upon the poll books and shall 


publicly announce the result of such 
count. The inspectors shall thereupon 
inclose all such envelopes containing 
ballots without opening the same, in a 
sealed package with one of said poll 
books, and shall direct them to the sec¬ 
retary of state, at Albany, New York, 
and shall forward the same by mall or 
express to him as soon as possible after 
such election. The other of such poll 
books shall be sealed in an envelope di¬ 
rected to the governor of the state of | 
New York, at Albany, New York, and 
shall be forwarded forthwith to him by i 
mail or express, but by different hands, j 
if possible, from those carrying such en- : 
velopes containing ballots and such poll 
books, so directed to be forwarded to the 
secretary of state, receipts therefor, re¬ 
spectively, being taken by the chairman 
of the board of inspectors. 

Retnvna not to be rejected because of 

informality of election. 

Sec. 512. No mere informality in the 
manner of carrying out or executing the 
provisions of this article shall invalidate 
the election held under the same or au¬ 
thorize the rejection of the returns there¬ 
of; and the provisions of this article 
shall be liberally construed for the pur¬ 
poses herein expressed or intended. 

Disposition of envelopes and ballots. 

Sec. 513. Upon the receipt by the gov¬ 
ernor of the poll books of the votes cast 
at any such election, he shall deliver 
the same to the secretary of state. Tne 
secretary of state shall upon receipt of j 
the packages notify the chairman or any | 
member of the state committees of the ! 
parties which at the last election for 
governor cast the highest and the next 
highest number of votes for such office, 
that at a day and hour named therein 
at his office he will open the packages 
and compare the poll books with the 
envelopes containing ballots received by 
him and with the poll books, if any, re¬ 
ceived from the governor. Such notice 
shall be served personally or by mail i 
directed to the last known place of resi¬ 
dence of such person. He shall forth¬ 
with prepare from said poll books and 
envelopes a separate statement for each 
county under his official seal in which 
shall appear all the information hereby 
required to be entered in such poll books, 
concerning the voters resident in such 
county. He shall affix his seal of office 
to each such envelope and shall transmit 
such statement with all the envelopes 
containing ballots of such voters resi- i 
dent in such county, to the clerk of each 1 
such county, except that in any county 
within the city of New York such state¬ 
ment and envelopes shall be transmitted 
to the board of elections, or such other 
persons or board as may hereafter be 
lawfully constituted to receive election 
returns, taking his or their receipt for 
such statement and the number of such 
envelopes. 

Such county clerk, or in the counties 
within the city of New York the board j 
of elections or other person or body 
lawfully constituted to receive election 
returns, shall forthwith give written I 
notice of such receipt by them, to the j 
board of inspectors of election of each 
district to which such statements and en¬ 
velopes respectively relate, by inclosing 
such notice in a properly sealed wrapper 
addressed to tne chairman of such board 
at his post-office address and by prepay¬ 
ing the postage thereon. Each county 
clerk and said board of elections, said 
person or other body lawfully constituted 
to receive election returns, after the re¬ 
ceipt of such statement and envelopes, 1 
shall notify the chairman or any member 
of the county committees of the parties 
which at the last election for governor 
cast the highest and next highest num¬ 
ber of votes for such office in the state, 
that at a day and hour named therein at 
his or their office he or they will open 
the packages containing such statement 
and envelopes. Such notice shall be 
served personally or by mail directed to 


the last known place of residence of such 
person. 

It shall be the duty of such county 
clerk and said board of elections or said 
other person or body lawfully constituted 
to receive election returns, to prepare a 
statement in like form for each election 
district in said county in which any such 
voter shall reside, and to transmit or 
deliver such statement with the envel¬ 
opes containing ballots of voters resident 
in such election district to one of the 
inspectors of election of said district, 
taking his receipt therefor, on the day 
before the board of inspectors of election 
of said district shall convene for the pur¬ 
pose of canvassing such votes, as herein 
provided, who shall deliver the same to 
such board. All statements provided by 
this article shall be public records. 

The inspectors in any election district 
wherein any such ballots are to be can¬ 
vassed, shall convene at the place where 
the election was held, on the sixth Tues¬ 
day after the election day at ten o’clock 
in the forenoon to canvass such votes. It 
9hall be the duty of each board of in¬ 
spectors of election immediately upon 
their convening as herein provided to 
open said polls; and the chairman thereof 
or, in his absence, such other member as 
shall be chosen to act as chairman, as 
provided by law, shall publicly read aloud 
the indorsement contained upon each such 
envelope, and if such voter shall be a 
qualified voter in such election district, 
the chairman or acting chairman shall 
then carefully open said envelope and 
without unfolding or inspecting the con¬ 
tents of such ballot or ballots, shall de¬ 
posit the same in the ballot box or boxes 
provided therefor. If any such envelope 
shall contain more than one ballot for 
the same officers, amendment or ques¬ 
tion, all ballots therein shall be rejected. 
Said inspectors shall file all such envel¬ 
opes with their return in the office of 
the county clerk of the county where the 
said election district is situated. If upon 
investigation made before the deposit of 
said ballot it shall be determined that 
such voter is not a qualified voter in said 
election district, his ballot or ballots 
shall be destroyed without unfolding or 
inspecting the same, and the said en¬ 
velope shall be filed as above provided. 

Canvass by inspectors of election. 

Sec. 514. After all such ballots shall 
have been cast, said inspectors of elec¬ 
tion shall immediately proceed to can¬ 
vass the same, and make a statement and 
return thereof as provided by law, and 
forthwith forward the same to the county 
clerk, by one of their number. 

Canvass by county board. 

Sec. 515. The county board of canvass¬ 
ers or such other board as performs like 
duties, shall convene on the seventh 
Thursday after the election day, at their 
usual place of meeting, at one o’clock in 
the afternoon for the purpose of canvass¬ 
ing such statements and returns. 

At such meeting of the county or othe' 
canvassing board the said board shall 
proceed to canvass such statements and 
returns of the respective election dis¬ 
trict boards of inspectors and shall from 
such statements and returns, together with 
the statements and returns theretofore 
made of such election, make new and sep¬ 
arate statements of the votes cast in such 
county or any part thereof, and shall 
complete their canvass and make the 
statements provided for by section four 
hundred and thirty-seven of this chap¬ 
ter, and they shall not, until such meet¬ 
ing, determine the result of the election, 
anything now provided by law to the con¬ 
trary notwithstanding. But nothing here¬ 
in shall prevent any county board of can¬ 
vassers from proceeding as provided by 
this chapter except as to such final de¬ 
termination. Such meeting or meetings 
of the board of county canvassers shall 
be deemed a continuation of its regular 
session. 

Canvass by state board. 

Sec. 51$. II any such new statemesfci 



















Eagle Library—THE ELECTION LAW OF THE STATE OF NEW YORK 


r E8 


■hall be made by a county board after 
the time fl^ed by law for the canvass of 
the regular statements of the county 
boards by the state board of canvassers, 
the state board of canvassers shall con¬ 
vene upon notice by the secretary of 
state and shall proceed to canvass fruch 
new statements of a county board, and 
their original canvass, if any, shall be 
corrected accordingly; and the state 
board of canvassers shall cause a deter¬ 
mination of such result to be made in ac¬ 
cordance with such new statements. And 
they shall not, until such meeting, deter¬ 
mine the result of the election, anything 
now provided by law to the contrary not¬ 
withstanding. 

Returns or statements not made and 
tiled prior to certain dates in any 
year not to be canvassed. 

Sec. 517. No statement, as provided by 
this article, which shall not have been j 
duly made and filed by a county board of j 
canvassers prior to the twenty-ninth day 
of December next succeeding such elec- | 
tion in any year, shall be canvassed or 
affect the result of such an election; and 
no return or statement not received by 
a county board of canvassers at their 
meeting herein provided for, shall be i 
thereafter canvassed, or affect the re¬ 
sult of such election. 

Provisions of penal law relating to 
crimes against the elective fran¬ 
chise to apply. 


in this state, and all provisions of this 
chapter, as far as applicable and not in¬ 
consistent with the provisions of this 
article, shall apply to elections held 
under this article. 

Copies of this article to he published 

and distributed. 

Sec. 522. The secretary of state shall 
whenever necessary cause this article to 
be published' in pamphlet form, properly 
indexed, and shall cause the same to be, 
as generally as may be, circulated among 
the voters of this state absent from their 
respective election districts in time of 
war in the actual military service of this 
state or of the United States, in the army 
or navy thereof. 

The secretary of state shall also pro¬ 
vide in addition to the necessary official 
ballots, poll books and envelopes, such 
other blank forms, envelopes, instruc¬ 
tions to voters, and other stationery for 
use at each poll of any election held 
under this article, as may be necessary 
for the proper conduct of such election, 
and shall transmit them to the proper 
place and to the proper persons in ample j 
time for their safe delivery and use at 
such election. He may order or purchase/ 
any of the printing and supplies re-/ 
quired by this article wherever he deems 
it desirable for the best interests of the 
state. He shall also provide for the re¬ 
turn of such poll books, envelopes and 
ballots of such election to him at the ex¬ 
pense of this state. 


Sec. 518. All the provisions of the penal 
law relating to crimes against the elec¬ 
tive franchise shall be deemed to apply 
to all elections held under the provisions 
of this article, and any person who shall 
violate any such provisions may be in¬ 
dicted at any time in any county of this 
state and may be fined or imprisoned or 
both so fined and imprisoned upon con¬ 
viction thereof whenever found in this 
state. [As amended by Sec. 26, chap. 240, 
/Laws of 1909.] 

Filling vacancies in the office of in¬ 
spector of elections. 

Sec. 519. It shall be lawful for a ma¬ 
jority of the inspectors of election pro- I 
vlded for by this article to execute all j 
the trusts and duties required to be exe¬ 
cuted by the inspectors herein provided j 
for. And if for any cause, after the in- | 
spectors of election hereinbefore provided j 
for shall have been chosen, any of the j 
said inspectors shall permanently ab- ! 
sent himself from the place of holding 
such election, or shall for any cause be 
obliged permanently to leave the place j 
of holding such election, the remaining 
Inspectors, or on their default the voters 
present, may fill such vacancy, preserv¬ 
ing if possible, the bipartisanship of 
such board; and any person so appointed j 
to fill such vacancy shall take the oath 
of office and shall thereupon continue 
with the other inspectors to perform the 
duties of such office at such election to 
the end thereof. 

Elections may be contested. 

Sec. 520. All elections held under this 
article shall be subject to contest and 
inquiry in the same manner as elections 
held within this state. The sealed pack¬ 
ages of voted ballots shall be held in¬ 
violate in the office in which they are 
filed, subject to the order of a court of 
competent jurisdiction and may upon such 
order of suchi court be opened and can¬ 
vassed. 


1 ARTICLE 16. 

CORRUPT PRACTICES. 

Section. 540. Political committee defined. 

payments not made 
through political commit¬ 
tee. 

541. Statement of campaign 

542. Personal expenses defined. 

543. Treasurer of political com¬ 

mittee. 

544. Accounting to treasurer or 

candidate. 

545. Vouchers. 

546. Statement of campaign re- 
, ceipts and payments. 

547. Campaign contributions to 

be under true name of 
contributor. 

548. Filing and preserving state¬ 

ments. 

549. Secretary of state to pro¬ 

vide forms. 

550. Contempt proceedings upon 

default in filing state¬ 
ment. 

551. Who may maintain pro¬ 

ceedings. 

552. Undertaking for costs. 

553. Time within which pro¬ 

ceedings must be brought. 

554. Proceedings to be sum¬ 

mary. 

555. Preference over other 

causes. 

556. Appeals. 

557. Subpoenas. 

558. Personal privilege of wit¬ 

nesses. 

559. Conduct of hearing. 

560. judgment and penalty. 

561. Application of article lim¬ 

ited. 

562. siparty funds not to be ex¬ 

pended for primary pur¬ 
poses. 


General provisions concerning elec¬ 
tions to apply. 

Sec. 521. The several officers or per¬ 
sons authorized by the provisions of this 
jarticle to conduct the elections held by 
virtue hereof shall have the like powers, 
and they, as well as other persons who 
may be candidates for office at such elec¬ 
tion, or who may attend such election, or 
may vote or offer to vote at such elec¬ 
tion, shall be subject to the like penal¬ 
ties and restrictions as are declared and 
provided by law in ca§e of elections with- 


Political committee defined. 

Sec. 540. The term “political commit¬ 
tee,’’ under the provisions of this article, 
shall apply to every committee or com¬ 
bination of three or more persons co¬ 
operating to aid or to promote the sue- j 
cess or defeat of a political party or 
principle, or of any proposition submit- j 
ted to vote at a public election or to aid 
or take part in the election or defeat of 

*As renumbered by chap. 800, Laws of 1913. 

51 New section added by Chapter 891, Laws 
of 1911. 


a candidate for public office; or to aid or 
take part in the election or defeat of a 
candidate for nomination at a primary 
election or convention, including all pro¬ 
ceedings prior to such primary elec¬ 
tion, or of a candidate for any office 
whether public or not to be voted for at 
a primary election; or to aid or defeat 
the nomination by petition of a candidate 
under the primary election law; but noth¬ 
ing in this article contained shall apply 
to or in respect of any committee or or¬ 
ganization for the discussion or advance¬ 
ment of political questions or principles 
without connection with any election. 
[As amended by chap. 429, Laws cf 1910.] 

Statement of campaign payments not 

made through political committee. 

Sec. 541. Any person, including a can¬ 
didate, who to promote the success or de¬ 
feat of a political party, or to aid or in¬ 
fluence the election or defeat of a candi¬ 
date or candidates for public office; or to 
aid or influence the election or defeat of 
a candidate x for nomination at a primary 
election or convention, including all pro¬ 
ceedings prior to such primary election. 

, or of a candidate for any, office whether 
public or not to be voted for at a pri- 
I mary election, or to aid, influence or pre¬ 
vent the nomination of a candidate by 
petition under the provisions of the pri¬ 
mary election law, directly or indirectly, 
himself or through another person, shall 
give, pay, expend or contribute, or shall 
promise to give, pay, expend or con¬ 
tribute, any money or other valuable 
thing except to the chairman, treasurer 
or a member of a political committee, or 
to an agent duly authorized thereto in 
writing by such committee, or to a can¬ 
didate or an agent of such candidate au¬ 
thorized by the candidate thereto in writ¬ 
ing, or except for personal expenses as 
hereinafter provided, shall file the state¬ 
ment required by section five hundred and 
forty-six. and shall be subject to all the 
duties by this chapter required of a po¬ 
litical committee or the treasurer there¬ 
of. iAs amended by chap. 429, Laws of 
1910.1 

Personal expenses defined. 

Sec. 542. A candidate for election to a 
public office, or to any office whether 
public or not to be voted for at a pri¬ 
mary election; or for nomination at a 
primary election or convention; or for 
nomination by petition under the pro¬ 
visions of the election law, and any other 
person, may incur and pay, in connec¬ 
tion with such election, his own personal 
expenses for traveling and for purposes 
properly incidental to traveling; for writ¬ 
ing, printing and preparing for trans¬ 
mission any letter, circular or other pub¬ 
lication not issued at regular intervals, 
whereby he may state his position or 
views upon public or other questions; for 
stationery and postage; for telegraph, 
telephone and other public messenger 
service; but all such expenses shall be 
limited to those which are directly in¬ 
curred and paid by him. A candidate shall 
in any event file a statement of any con¬ 
tributions made by him. [As amended 
by chap. 429, Laws of 1910.1 

Treasurer of political committee. 

Sec. 543. Every political committee shall 
have a treasurer, and shall cause him 
to keep detailed Accounts of all money 
or its equivalent, received by or promised 
to, and of all expenditures, disbursements 
and promises of payment or disbursement 
made by the committee or any of its offi¬ 
cers or members or by any person acting 
under its authority or in its behalf. No 
member thereof or other person acting 
under its authority or in its behalf shall 
receive any money or its equivalent, or 
expend or disburse the same until the 
committee shall have chosen a treasurer. 
There shall be filed in the office of the 
secretary of state within five days after 
the choice of a treasurer a statement 
signed by at least three members of such 
committee giving the name and address 
of the treasurer chosen. 












Eagle Library—THE ELECTION LAW OF THE STATE OF NEW YORK 


69 


Accounting’ to-treasurer or candidate. 

Sec. 544. Whoever, acting as an officer or 
member or under the authority of a po¬ 
litical committee, or under the authority 
of a candidate for public office; or for any 
office whether public or not to be voted 
for at a primary election; or for nomina¬ 
tion at a primary election or conven¬ 
tion; or for nomination by petition 
under the provisions of the election law, 
receives any money or its equivalent, or 
promise of the same or expends or in¬ 
curs any liability to pay the same, shall, 
within three days after demand, and in 
any event within fourteen days after 
such receipt, expenditure, promise or lia¬ 
bility, give to the treasurer of such com¬ 
mittee, or to such candidate if an agent 
authorized by him, a detailed account of 
the same, with all vouchers required by 
this article, which shall be a part of the 
accounts and files of such treasurer or 
such candidate. CAs amended by chap. 
429, Laws of 1910.1 

Vouchers. 

Sec. 545. Every payment required to be 
accounted for shall, unless the total ex¬ 
pense payable to any one person be not 
in excess of five dollars, be vouched for 
by a receipted bill stating the particulars 
of expense, and every voucher, receipt 
or account hereby required, shall be pre¬ 
served for fifteen months after the elec¬ 
tion to which it relates. 

Statement of campaign receipts and 

payments. 

Sec. 546. The treasurer of every politi¬ 
cal committee which, or any officer, mem¬ 
ber or agent of which, in connection with 
any election receives, expends or dis¬ 
burses any money or its equivalent or 
incurs any liability to pay money or its 
equivalent shall, within twenty days after 
such election, file a statement setting 
forth all the receipts, expenditures, dis¬ 
bursements and liabilities of the commit¬ 
tee, and of every officer, member and 
other person in its behalf. In each case 
It shall include the amount received, the 
name of the person or committee from 
whom received, the date of its receipt, 
the amount of every expenditure or dis¬ 
bursement, the name of the person or 
committee to whom it was made, and the 
date thereof; and unless such expenditure 
or disbursement shall have been made 
to another political committee, it shall 
state clearly the purpose of such ex¬ 
penditure or disbursement. Expenditures 
and disbursements in sums under five 
dollars need not be specifically accounted 
for by separate items, except in the 
case of payments made for account of or 
to political workers, watchers or mes¬ 
sengers. The statement to be filed by a 
candidate or other person not a treas¬ 
urer shall be in like form as that herein¬ 
before provided for, but in statements 
filed by a candidate there shall also be 
included all contributions made by him. 
fAs amended by chap. 429, Laws of 
1910.1 

Campaign contributions to be under 

tt(to name of contributor. 

Sec. 547. No person shall in any name 
except his own directly or indirectly, 
himself or through another person, make 
a payment or a promise of payment to a 
political committee or to any officer or 
member thereof, or to any person or 
persons acting under its authority or in 
fits behalf, nor shall any such committee 
or any such person or persons knowingly 
receive a payment or j*romise of payment, 
or enter ot cause th.9 iH»me to be entered 
in the accounts or rei^ords of such com¬ 
mittee, in any name other than that of the 
person or persons by whom it is made. 

Filing and preserving statements. 

Sec. 548. All statements required by this 
article shall be filed with the secretary 
©f 6tate, except In those cases where a 
candidate is required to file a statement 
•leewhere by section seven hundred and 
Seventy-six of the penal law, and all 
•SoUsu&tv receipts and ac* 


counts required by this article shall be 
preserved for fifteen months after the 
elections to which they relate and shall 
be open to public inspection. lAs 
amended by chap. 438. Laws of 1910.1 

Secretary of state to provide forms. 

Sec. 549. The secretary of state shall 
provide blank forms suitable for the 
statements above required. 

Contempt proceedings upon default In 

tiling statement. 

Sec. 650. If any person or persons or 
committee or committees fails to file a 
statement or account as above required, 
or if any person or committee files a 
statement which does not conform to 
the foregoing requirements in respect to 
its truth, sufficiency in detail, or other¬ 
wise, or if any person or committee has 
failed to comply with any other of the 
requirements or provisions of this article, 
the supreme court or any justice thereof, 
may compel by order in proceedings for 
contempt, such person or committee to 
file a sufficient statement or account, or 
otherwise comply with the provisions of 
i this article. The applicant for an order, 
j as prescribed In thi3 article, must pre- 
| sent to the supreme court, or a justice 
thereof, a written petition, setting forth, 
upon information and belief, stating the 
grounds and sources thereof, or upon the 
personal knowledge ot such applicant or 
applicants, any failure or failures to com¬ 
ply with the provisons of this article, the 
facts showing such failure or failures, and 
the names of the person or persons, or 
committee or committees, charged with 
] such failure or failures. Except when 
j made by the attorney-general, such peti- 
j tion shall be verified in like manner as a 
verified complaint in an action brought in 
I the supreme court. 

j Who may maintain proceedings. 

Sec. 551. Application for an order as 
; prescribed herein may be made by the 
attorney-general, district attorney, a 
candidate voted for at the election in re¬ 
spect to which the allegations in such 
petition may relate, or by any five quali¬ 
fied voters who voted at such election. 

Undertaking for costs. 

Sec. 552. At the time of presenting the 
petition, the petitioner shall file with 
such court or justice thereof, an under¬ 
taking in a sum to be determined and 
with sureties to be approved by the court 
or justice thereof, conditioned to pay pucl) 
costs and disbursements in such proceed¬ 
ing as shall be adjudged against him, as 
hereinafter provided, not exceeding the 
sum fixed in said undertaking. Upon the 
presentation of such petition and the 
giving of the security provided for in the 
foregoing section, the court or justice 
thereof shall forthwith issue an order, a 
copy of which order and petition shall be 
served personally upon the person or per¬ 
sons named in such petition or left at 
his or their last known place of resi¬ 
dence not less than seventy-two hours 
prior to the return day thereof, and di¬ 
recting them to appear and show cause 
at a day certain within ten days after the 
■ issue of the order, why such person or 
persons should not file a statement of 
j election expenses, or amend the state- 
i jnent already filed, and to furnish the 
court or justice thereof such further in¬ 
formation as the court may require on the 
subject. Copies of such order shall be 
served on the attorney-general of the 
staie and on the district attorney of the 
county wherein such statement is re¬ 
quired to be filed. 

Time within which proceedings must 

he brought. 

Sec. 553. Such petition shall be present¬ 
ed within fifty days after any election 
in respect to which the allegations of 
such petition shall relate If the state¬ 
ment mentioned therein was filed with¬ 
in the twenty days as herein required; 
but if the statement shall not have been 
filed within said twenty days, such pe- 


tition may be presented at any time not 
more than sixty days after the filing of 
the statement. The said petition and 
order to show cause shall be filed, and 
any order or judgment made in the pro¬ 
ceeding based thereon shall he entered 
in the office of the clerk of the county 
in which such election was held, if held 
wholly within a county, or otherwise in 
such other office as the court, or a justice 
thereof, shall direct. 

Proceedings to be summary. 

Sec. 654. Upon the return of the order 
to show cause provided for in section five 
hundred and fifty-two, the court, or jus¬ 
tice, shall immediately, and in such man 
ner as the court or justice shall direct, 
and without respect to any technical re¬ 
quirement, inquire into the facts and cir¬ 
cumstances and into such violations of, 
or failure to comply with, the provisions 
of this article, as may be alleged in any 
such petition, or into such other facts 
and circumstances relative to any such 
election or to any contribution or ex¬ 
penditure made in connection therewith, 
which at any time, whether before or dur¬ 
ing the continuance of such inquest, the 
court or justice holding such inquest shail 
deem necessary to secure compliance 
with the provisons of this article or to 
punish for a violation thereof. Such other 
persons as the court, or justice, 
shall deem necessary or proper to 
Join or bring in as parties to the said 
proceeding in order to make its order, 
judgment or writs effective, may be joined 
as parties in such manner and upon such 
notice as said court or justice shall 
direct. 

Preference over other causes. 

Sec. 555. The proceedings upon, and the 
investigation of, the charges set forth in 
said petition, shall take precedence and 
be preferred over all other actions ®r 
proceedings by or before said court, or 
justice thereof, and in case of appeals, 
in the appellate division and in the court 
of appeals. 

Appeals. 

Sec. 556. Appeals may be taken to the 
appellate division of the supreme court, 
and to the court of appeals, from the 
orders herein provided for, in the same 
manner that appeals are taken from or¬ 
ders of the special term of the supreme 
court, and such appeals shall be consid¬ 
ered by such appellate courts as appeals 
from orders. 

Subpoenas. 

Sec. 557. Any court or justice holding 
such inquest may issue subpoenas for 
witnesses, who shall be allowed the same 
fees, whose attendance may be enforced 
in the same manner, and who shall be 
subject to the same penalties, as if 
served with a subpoena in behalf of the 
state in a criminal prosecution in such 
court. 

Personal privilege of witnesses. 

Sec. 558. No person shall be excused 
from attending and testifying, or from 
producing any books, papers or other 
documents before the court, or justice 
thereof, upon any trial, investigation or 
hearing, under the provisions of this ar¬ 
ticle, upon the ground or for the reason 
that the testimony or evidence, docu¬ 
mentary or otherwise, required of him, 
may tend to convict him of a crime, 
subject him to a penalty or forfeiture; 
but no person shall be prosecuted or sub¬ 
jected to any penalty or forfeiture, for 
or on account of any transaction, matter 
or thing concerning which he may so tes¬ 
tify, or produce evidence, documentary or 
otherwise, and no testimony so given or 
produced shall be received against him 
upon any criminal investigation or pro¬ 
ceeding. 

Conduct of hearing. 

Sec. 559. The attorney-general, a dis¬ 
trict attorney or some person designated 
by either, or by such court or jus4Sce, 

shall attend the .inquest and examine the 













70 


Eagle Library—THE ELECTION LAW OF THE STATE OF NEW YORK 


witnesses, and the persons or commit* 
tees by or against whom the proceedin* 
is brought shall have the right to ap¬ 
pear by counsel at the inquest, produce 
evidence, and examine and cross-examine 
witnesses in their own behalf. Such court 
or justice shall have power, by a sub¬ 
poena duces tecum, to compel the pro¬ 
duction before him or it, for examina¬ 
tion, of any books or papers of any kind 
or of any other thing which he or it may 
require in the conduct of such inquiry, 
and which is relevant and material. Such 
court or justice shall have power to 
cause any person who shall neglect or 
refuse to appear before him or it as a 
witness, having been duly summoned, to 
be brought before him or it; and any 
person in attendance as a witness, who 
shall refuse to be sworn as a witness, or 
who being sworn shall refuse to answer 
any proper questions propounded to him, 
and any person who, having been duly 
summoned, shall neglect or refuse to ap¬ 
pear before such court or justice, may be 
adjudged guilty of contempt and may be 
fined not more than one thousand dollars, 
or imprisoned not more than thirty days, 
or both. 

Judgment and penalty. 

Sec. 560. The said court or justice 
thereof shall render judgment in such 
proceedings as follows; If such person or 
persons or committee or committees pro¬ 
ceeded against, have failed to file the re¬ 
quired statement, or have filed a false or 
incomplete statement, without wilful in¬ 
tent to defeat the provisions of this ar¬ 
ticle, the judgment shall require the per¬ 
son or persons proceeded against to file 
such statement or such amendment to 
the statement, as shall render the same 
true and complete, within ten days of 
the entry of the judgment, and to pay 
the costs and expenses of the proceeding. 
If such person or persons or committee 
or committees have failed to file a state¬ 
ment, or have filed a false or incomplete 
statement, and euch failure to file or 
such false or incomplete statement was 
due to a wilful intent to defeat the pro¬ 
visions of this article, or if the 
person or persons proceeded against 
shall fail to file the required 
statement or amendment as directed by 
a judgment of a court or justice within 
ten days after the entry of such judg¬ 
ment, the person or persons or committee 
or committees proceeded against shall be 
liable to a fine not exceeding one thou¬ 
sand dollars, or imprisonment for not 
more than one year, or both. If such 
person or persons or committee or com ¬ 
mittees have filed a statement complying 
with the provisions of this article, or if 
the person or persons, committee or 
committees proceeded against, or either 
of them, are not required to file 
a statement as prescribed herein, 
the court or justice shall render 
judgment against the applicant or ap¬ 
plicants, and in favor of such person or 
committee, for his or their costs and 
disbursements, to be taxed by such court 
or justice. 

Application of article limited. 

Sec. 561. The provisions of this article 
shall not be applicable to elections of 
town or village officers in any town or 
village, or to any person, association or 
corporation engaged in the publication or 
distribution of any newspaper or other 
publication issued at regular intervals 
in respect to the ordinary conduct of 
such business. 

Pnrty funds not to be expended for 

primary purposes. 

Sec. 5 62. No contributions of 
money, or the equivalent thereof, 
made, directly or indirectly, to any 
party, or to any party committee or 
member thereof, or to any person 
representing or acting on behalf of 
a party, or any moneys now in the 
treasury of any party, or party com¬ 
mittee, shall be expended in aid of 
the designation or nomination of any 
person to be voted for at a primary 


election, either as a candidate for 
nomination for public office, or for 
any party position. [As added by 
chap. 891, Law’s of 1911, and amend¬ 
ed by chap. 820, Laws of 1913.] 


1 ARTICLE 17. 

taws repealed i when to take effect. 

Section 570. Laws repealed. 

571. When to take effect. 

Laws repealed. 

Sec. 570. Of the laws enumerated 
in the schedule hereto annexed, that 
portion specified in the last column 
is hereby repealed. 

When to take effect. 

Sec. 571. This chapter shall take 
effect immediately. 


Revised Statutes..Part 1, Chapter 6..All 


Laws 

of 

Chapter Section 

1778 . 


12. . 

. 9 

1778. 


16. . 

. All 

1778. 


39. . 

. All 

1781. 


36. . 

2 

1784. 


66. . 

2 

1787. 


15. . 

. 1-25, 27 

1789. 


12. . 

. All 

1789. 


35. . 

. All 

1791. 


5. . 

. All 

1791 . 


52. . 

. All 

1792. 


33. . 

. All 

1792. 


72. . 

. All (15th Sess.) 

1792. 


1. . 

. All (16th Sess. 

1792. 


5. . 

. All (16th Sess.) 

1793. 


14. . 

. All 

1796. 


32. . 

. All 

1796. 


57. . 

. 32 

1797. 


62. . 

. 1-10, 12, 13 

1799. 


51. . 

. All 

1800 . 


23. . 

. All 

1801. 


24 . . 

. All 

1801. 


61. . 

. 1-9, 11-13, 15, 19, 
20 

i 1801. 


64. . 

. 1-3 

1802. 


81. . 

. 1, 3, 4 

1804. 


2 . . 

. All (28th Sess.) 

1807. 


112. . 

. All 

1808. 


170. . 

. 2, 3 

1809. 


16. . 

. All 

!1810. 


193. . 

. 12 

1811. 


201. . 

. All 

I 1812. 


56. . 

. All 

!1812. 


169. . 

. All 

i R.L.1813 

25. . 

. All 

i R.L.1813 

41. . 

. All 

i 1815. 


145. . 

. All 

1819. 


37. . 

. All 

j1821. 


246. . 

. All 

1822. 


34. . 

. 1 

1822. 


250. . 

. 1-15, 17-26, 30 

1823. 


268. . 

. All 

1824.. 


258. . 

. All 

1824.. 


316. . 

, All 

1825.. 


33. . 

. All 

1826.. 


245. . 

. All 

1827.. 


179. . 

. 1-7, 10, 11 

1828.. 


20. . 

. 19 (2d Meet.) 

1828.. 


21. . 

. 1, n 45, 192, 427, 
480, 506, 529 (2d 
Meet.) 

1829. . 


139. . 

. All 

1832.. 


248. . 

, All 

1832.. 

. . 

249 . . 

. All 

1837.. 


445.. 

. All 

3841.. 


301. . 

. All 

1842 . . 

, , 

130. . 

. All 

1842. . 


325. . 

. 3-5 

1844. . 

, , 

331. . 

. All 

1845. . 


354. . 

. All 

1847.. 


240. . 

. All 

1851. . 

. . 

217. . 

. All 

1854.. 

. , 

286. . 

. All 

1855. . 

. . 

513. . 

. All 

1856.. 


79. . 

. All 

1859.. 

„ „ 

380. . 

. All 

1860. . 


349. . 

. All 

1860.. 


480. . 

. All 

1861.. 


307. . 

. All 

1864.. 

, . 

253. . 

. All 

1865.. 


475. . 

. All 

1865. . 


570. . 

. All 

’.As i ? 

n.i|T 

hy jlipp. SCO. Laws of 1913., 


Laws of Chapter Section 

1865 _ 740.... All 

1866 _ 524_All 

1866 _ 812_All 

1870 _ 134-All 

1870_ 138_All 

1870_ 388 . .. . All 

1870 _ 503_All 

1871 _ 712_All 

1872 _ 570. . . . All 

1872 _ 698_All 

1872 _ 757_All 

1873 _ 314.... All 

1873 _ 474_All 

1873 _ 824_All 

1875 _ 138_All 

1 876 _ 287_All 

1877 _ 28_All 

1877 _ 322 _All 

1878 _ 354_All 

1879 _ 320_All 

1880 _ 56_All 

1880_ 142_All 

1880_ 366_All 

1880 _ 437_All 

1880 _ 460_All 

1880 _ 465 _All 

1880_ 508 _All 

1880 _ 553 _All 

1 880 _ 676_All 

1881 _ 18_All 

1881_ 137. .. . All 

1881_ 163_All 

1881 _ 196_All 

1882 _ 13_All 

1882_ 154_All 

1 882_ 366_All 


1882 . 

* * 

410. 

* * 

1839 - 1844, 1846 - 

1848, 1850-1861, 

1864-1866, 1868- 

1929, 1931 

11883. 


316. 


All 

1883. 


380. 

. • • 

All 

1883. 


422. 


All 

1883 . 


508. 

. . . 

All 

1 884. 


161. 

• . • 

All 

1 885. 

. • . 

267. 

• . • 

3, 4 i 

1885. 


446 . 


All 

1886. 


649 . 


All 

1887. 


265. 


All 

1888. 

I 


583. 


[For sections re¬ 
pealed in title 
xx. as amended, 
see chapter 236, 
Laws 1891, in 
this schedule] 

Title 20, §§ 3-25; 
26 all after the 
word “board,” in 
the last line; 27- 
32 

1889. 


1. 


All 

1 890. 


117. 


All 

1890. 


169. 


All 

1890. 


262. 

. . . 

All 

1890. 


321. 


All 

1890. 


330. 


All 

1890. 

• • • 

355. 


All 

1891. 


7. 


All 

1891. 


236. 

. . 

[Sections 3 to 25, 


inclusive, all 
after the word 
“board” in the 
last line of sec¬ 
tion 26, and sec¬ 
tions 27 to 32. 
inclusive, of title 
xx. of chapter 
583, Laws 1888, 
as amended by 
chapter 236, 
Laws 1891] 1 

part amending L. 
1888, Ch. 583, 
Tit. 20, §§ 3-25; 
26 all after th# 
word “board” in 
the last line; 27- 
32 


1891. . 

. 296. 

... All 

1891. . 

. 336. 

... All 

1892. . 

. 127. 

... All 

1892. . 

. 680. 

... All 

1893. . 

. 233. 

... All 

1893. . 

. 274. 

... All 

1893 . . 

. 370. 

... All 

1894. . 

. 61. 

... All 

1894.. 

. 275. 

... All 

1894.. 

. 302. 

... All 

1894. . 

. 348. 

... 2-8 

1S94-, 

. 764. 

... All 













































Eagle Library—THE ELECTION LAW OF THE STATE OF NEW YORK 71' " 


Laws of Chapter Section 

Laws 

of 

Chapter Section 

Laws of 

Chapter Section 

1894. . 

. 765.. 

. All 

1900. 


202. ... 

All 

1904 _ 

733_ 

All 

1895. . 

. 23. . 

. All 

1900. 


204. ... 

All 

1905 _ 

49 _ 

All 

1895.. 

. 73 . . 

. All 

1900. 


225. ... 

All 

1905_ 

165..-. 

All 

1895 . . 

. 138. . 

. All 

1900 . 


381. ... 

All 

1905. .... 

207 _ 

All 

1895. . 

. 158.. 

. All 

1900. 


506. ... 

All 

1905 _ 

229 _ 

All 

1895. . 

. 810.. 

. All 

1900. 


648. .. . 

All 

1905 _ 

643 _ 

All 

1895. . 

. 909.. 

. All 

1900. 


684. .. . 

All 

1905 _ 

674 _ 

All 

1895. . 

. 991 . . 

. All 

1900. 


711.... 

All 

1905 _ 

675 _ 

All 

1895. . 

. 992.. 

. All 

1900. 


732 _ 

All 

1905 _ 

689 _ 

All 

1895.. 

. 993.. 

. All 

1901. 


95_ 

All 

1906... 

159... -. 

All 

1895. . 

.1034. . 

. All 

1901. 


113_ 

All 

1906_ 

227_ 

All 

1895.. 

. 1035. . 

. All 

1901. 


167. .... 

All 

1906 _ 

259 _. -. 

All 

1896. . 

. 163.. 

. All 

1901. 


208 _ 

All 

1906 _ 

331... -. 

All 

1896 .. 

. 339.. 

. All 

1901. 


232 _ 

All 

1906 _ 

466-. -. 

All 

1896. . 

. 909.. 

. All 

1901. 

• • < 

300 _ 

All 

1906 _ 

498-.-. 

All 

1897 . . 

. 379.. 

. All 

1901. 


360... ... 

All 

1906 _ 

502... 

All 

1897. . 

. 410. . 

. All 

1901. 

• • • 

530_ 

All 

1906... -. 

570. _ ... 

All 

1897. . 

. 449.. 

. All 

1901. 

. ... 

536. .. . 

1 , 2 

1906_ 

642_ 

All 

1897. . 

. 450.. 

. All 

1901. 

. • • 

544 _ 

All 

1907... .:. 

119-.-. 

All 

1897. . 

. 608.. 

. All 

1901. 


598. .. . 

3, 4 

1907 _ 

255. . 

All 

1897 . . 

. 609.. 

. All 

1901 . 


615.... 

All 

1907. . 

296 .... 

All 

1898. . 

. 168.. 

. All 

1901. 


654 _ 

All 

1907 _ 

470 _ 

All 

1898. . 

. 179.. 

. All 

1902 . 


89 . 

All 

1907 _ 

472. . -. 

All 

1898 . . 

. 335.. 

. All 

1902. 

• ... 

176 _ 

All 

1907 _ 

504. . ... 

All 

1898.. 

. 340.. 

. All 

1902. 


195_ 

All 

1907. . ... 

59 6—.—. 

All 

1898. . 

. 363.. 

. 9 

1902. 

• 

241...... 

All 

1907 _ 

654 __ 

All 

1898. . 

. 674.. 

. All 

1902. 


405 _ 

All 

1907 —. _ 

744-. -. 

All 

1898. . 

. 675.. 

. All 

1903.. 

- —f 

111 ...... 

All 

1908 _ 

105—,—, 

All 

1898. . 

. 676.. 

. All 

1903. 

• _• 

122 _ 

All 

1908. .-. 

456-.-. 

All 

1899 . . 

. 58. . 

. All 

1903. 

• *-# 

197 _ 

All 

1908. .-. 

463 _. 

All 

1899 .. 

. 266.. 

. All 

1903. 

. «... 

595 _ 

All 

1908. .... 

464... ._ 

All 

1899 . . 

. 363.. 

. All 

1903 . 

. 

644_ 

All 

1908_ 

480_ 

All 

1899. . 

. 466.. 

. All 

1904. 

. . f 

70... _ 

All 

1908 _ 

488... 

All 

1899. . 

. 467.. 

. All 

1904. 

. . , 

74. .. . 

All 

1908 . 

489 _ 

All 

1899. . 

. 473. . 

. All 

1904. 

• •- + 

249... ... 

All 

1908 _ 

491. ... 

All 

1899. . 

. 499 .. 

. All 

1904. 


350...... 

All 

1908 ... ... 

492. . ... 

All 

1899 . . 

. 630.. 

. All 

1904. 

» ♦ ♦ 

394. . ... 

All 

1908...... 

521..-., 

All 

1899 . . 

. 641.. 

. All 

1904. 


487_ 

All 




1899. . 

. 649.. 

. All 

1904. 

♦ ♦-* 

488... -. 

All 

























The Eagle Library 


Instructions For Guidance of Election 
Officers at General Elections 


The following brief instructions are intended not as a complete guide to election officers but 
merely to point out where their more important duties may be found in the text of the election law, ^ 


GENERAL POWERS AND BUTTES. 

Preliminary Duties. 

One of the preliminary duties of an 
•lection officer should be to familiarize 
himself with the boundaries of his elec¬ 
tion district, in order that he may be 
able to decide at once whether an elec¬ 
tor, upon giving his place of residence, 
Is entitled to be registered or entitled 
to vote in his election district. This 
knowledge may be obtained by applica¬ 
tion to the town or city clerk, or board 
of elections, where maps or certificates 
of the boundaries of election districts 
are required to be filed. (See Section 
298. 

Organization of Board of Inspectors. 

The first duty to be performed by 
boards of Inspectors is the registration 
of electors, and before entering upon 
that duty, the inspectors of each district 
shall meet and appoint one of their num¬ 
ber chairman, or if the majority shall 
not agree upon such appointment, they 
shall draw lots for that position. (Seo 
Sections 813, 314.) 

Inspectors to Act as a Board. 

In all proceedings of the inspectors act¬ 
ing as registers, Inspectors or canvassers 
they shall act as a board, and, in case 
cf a question arising, as to matters which 
may call for a determination by them, a 
majority of such board shall decide. 
(See Section S14.) 

Supplying Vacancies and Absences. 

At at the time of any meeting of the 
Inspectors, there should be a vacancy 
in any of the election offices, or any 
election officers should be absent, the 
offices should be filled, or absences sup¬ 
plied from the political party entitled 
to the vacant place, in the manner pre¬ 
scribed by law; and the person so ap¬ 
pointed or designated to act as an elec¬ 
tion officer should immediately take the 
constitutional and statutory oaths, as 
prescribed by the election law. (See 
Section 813.) 

Preservation of Order by Inspectors. 

All meetings of the board of inspectors 
shall be public, and the board and in¬ 
dividual members thereof shall have full 
authority to preserve peace and good 
order at all meetings of the board and 
around the polls of elections, to keep the 
access thereto unobstructed, and to en¬ 
force obedience to their lawful com¬ 


mands. The board may also call upon 
voters to assist in the performance of 
these duties. (See Section 315.1 


REGISTRATION OF ELECTORS. 


Meetings. 

Before every general election, meetings 
for the registration of electors are to 
be held as follows; On the fourth Fri¬ 
day, fourth Saturday, third Friday and 
third Saturday before election, in cities 
and villages of 5,000 inhabitants or 
more. On the fourth Saturday and 
third Saturday in all election districts 
other than cities and villages of 5,000 
inhabitants or more. (See Section 150.) 

No inspector shall on any day of reg¬ 
istration be absent during the hours fixed 
for enrolling- the names of electors. (See 
Section 152.) 

Not more than two watchers of each 
political party or independent body en¬ 
titled to file certificates of nominations 
may be present at such polling place, and 
within the guard rail, from at least fif¬ 
teen minutes before the commencement 
of the said meeting until after the com¬ 
pletion of the duties of the board of in¬ 
spectors for that day of registration, 
provided that women may act as 
watchers at meetings for registration 
immediately preceding any election 
whenever held at which a woman suf¬ 
frage constitutional amendment is to 
be submitted to the voters, except that 
but one woman watcher for, and one 
woman watcher opposed to, the adop¬ 
tion of such amendment shall be per¬ 
mitted, (See Section 152.) 

Register of Electors. 

Each inspector is required to make one 
copy of the register of voters, and he 
should not make any entry in any regis¬ 
ter but his own, or permit any other 
person to make an entry therein. 

The copy made by the chairman of the 
board of inspectors, which is known as 
the “public copy of registration,” is to 
be left in a prominent position in the 
place of registration, from the first day 
of registration until election day. Each 
other inspector must carefuly preserve 
his register and be responsible therefor 
until the close of the canvass of the 
votes on election day, and on the last 
day of registration a statement of the 
number registered shall be made as 
provided in seotion 177, except that in 
cities of the first class, at the close of 
the last day of registration, the chairman 
of the board shall take from an inspector 


of opposite political faith, the register 
made by such inspector and deliver it 
to the police for filing, as required by 
the election law, and the two other in¬ 
spectors of opposite political faith shall 
each retain their respective registers of 
electors, for use on election day. (See 
Section 177.) 

Entries are to be made in the blank 
books for registration of voters, and 
when necessary, in the book of identifica¬ 
tion statements for registration day, 
which books are to be delivered to the 
Inspectors before the hour set for reg¬ 
istering the names of voters on the first 
day of registration. Such books contain 
Instructions which should be carefully 
read by each inspector before proceed¬ 
ing with the registration of voters, and 
in addition thereto, the inspectors are ad¬ 
vised to read carefully the provisions of 
section 155 for full and complete in¬ 
structions. 

Qualifications of Electors. 

The qualifications of a voter for the 
purpose of having his name placed on 
the register, are fully set forth in sec¬ 
tion 162, and should be thoroughly under¬ 
stood by the inspectors of election. 

Challenges. 

If an applicant for registration be chal¬ 
lenged, or if any member of the board 
of inspectors shall have reason to sus¬ 
pect that such applicant is not entitled to 
be registered, his name should not be 
entered on the register of voters unless 
upon examination under oath, the ap¬ 
plicant shall prove to the satisfaction 
of the inspectors his right to be regis¬ 
tered. Blank challenge affidavits are pro¬ 
vided for each board of inspectors, which 
are to be filled out by the inspectors in 
every case of challenge. If a member of 
the board shall have reason to suspect 
that the applicant is not entitled to have 
his name entered on the register, and if 
the applicant shall by his answers satisfy 
a majority of the board of inspectors of 
his right to be registered, they shall 
register his name; if not, they shall point 
out to him the qualification which he 
lacks as a voter, and his name shall not 
be entered upon such register except as 
provided by section 153 of the election 
law, relating to the adding and erasing 
of names on the register. (See Section 
169.) 

Duties at the Close of Registration 
Days. 

At the close of each day’s registration 
each inspector is required to draw a lint 









Eagle Library—THE ELECTION LAW OF THE STATE OF NEW YORK 


73 1 


In Ink immediately below the name of the 
voter last entered upon each page of his 
Register; and upon the succeeding day of 
registration, he must enter the names 
oi voters immediately under such lines. 
(See Section 177.) 

The inspectors must also, at the close 
of each meeting, sign the certificate con¬ 
tained in the last pages of each registra¬ 
tion book, to the effect that such register 
as it now is, is a true and correct register 
of the names and residences of all the 
persons registered respectively. (See 
Section 17G.) 

Inspectors of each election district 
shall at the close of the last day of 
registration, certify to the officer or 
board charged with the duty of furnishing 
ballots and to the state superintendents 
of elections the total number of electors 
registered in such district. Inspectors 
of each district are required to furnish 
to the same officials at the close of each 
day of registration the total number of 
electors registered on such day in their 
respective districts. (See Section 181 .> 

At the close of the last day of regis¬ 
tration, the inspectors shall file the book 
of stubs and unused challenge affidavits 
with the officer from whom it was re¬ 
ceived. (See Section 172.) 

Boards of inspectors of election dis¬ 
tricts in cities of the first and second 
class are required immediately after the 
close of the last day of registration to 
make and complete one list of all persons 
enrolled in their respective districts in 
numerical order of the street numbers 
thereof, which list shall be signed and 
certified by the board of inspectors, and 
delivered by the chairman of the board to 
the police captain of the precinct in 
which the election district is located,^ or 
to am officer thereof. (See Section 157.) 

At the close of the last day of registra¬ 
tion in cities of the first class one of the 
registers should be filed as provided for 
In section 178. 

The board of inspectors of each election 
district shall on each day of registration 
transfer to cards to be provided for that 
purpose by the secretary of state, which 
cards shall be in form and style approved 
by the state superintendents of elections, 
a complete copy of the name of each per¬ 
son registered in their respective dis¬ 
tricts, together with all cf the answers 
made and information given by the per¬ 
son registered, at the time of registra¬ 
tion, find such cards, inclosed and sealed 
in a cover to be provided for that pur¬ 
pose by the secretary of state, shall be 
delivered forthwith personally or by mail, 
by the chairman of the board of inspec¬ 
tors together with a statement on a blank 
form, to be furnished by the secretary 
of state after approval by the state su¬ 
perintendents of elections, that the 
cards delivered contain a correct copy of 
all the names registered and information 
given by the persons so registered, to 
the state superintendents of elections at 
one of their offices to be designated bv 
them. (See Section 485.) 


r DUTIES ON ELECTION DAY. 

t 

gT 1 Opening: of the Polls. 

Election officers are required to meet 
at the polling places of their respective 
districts not later than 5:30 A.M., and 
proceed to arrange the polling places for 
the orderly and legal conduct of the elec¬ 
tion. (See Section 350.) 

For manner of arrangement of polling 
places, see section 317. 

Sealed packages containing official and 
sample ballots, instruction cards and 
stationery, are required to be distributed 
to each election district at least one-half 
hour before the opening of the polls of 
such election therein. The inspectors 
upon receiving such packages, shall give 
to the officer or board delivering the 
same a receipt therefor. The register 
shall also be conveniently placed within 
the jjuard mil* (See Sections 848, 350.) 


If the official ballots required to be 
furnished shall not be delivered at the 
time required, the board shall cause un¬ 
official ballots to be prepared as nearly 
in the form of the official ballots as prac¬ 
ticable. (See Section 345.) 

The following duties shall be performed 
by the inspectors before opening the 
polls: 

1. Opening the sealed package of in¬ 
struction cards, and cause them to be 
posted in the manner provided by law. 

2. Open the sealed package of official 
ballots and sample ballots and place them 
in charge of the ballot clerks. 

3. Place the poll book in charge of the 
poll clerks. 

4. Cause the distance markers to be 
placed at a distance of one hundred feet 
from the polling place. 

5. See that the voting booths are sup¬ 
plied during the hours of voting with 
pencils having black lead only. 

6. Unlock the ballot boxes, see that 
they are empty, allow the watchers pres¬ 
ent to examine them, and lock them up 
again while empty in such manner that 
the watchers present and the persons just 
outside the guard rail can see that such 
boxes are empty when they are relocked. 

7. The election officers should be sta¬ 
tioned as near each other as practicable 
within the enclosed space. (See Section 
350.) 

8. Designate an inspector to receive 
ballots from the electors voting, and if 
a majority shall not agree to such de¬ 
signation, such position shall be filled by 
drawing lots. (See Section 35?.) 

9. If at the opening of the polls or 
during the day of election there should 
be a vacancy in any of the election offices, 
or any election officer should be absent, 
such vacancies and absences should be 
filled at once. (See Section 313.) 

Proclamation of Opening of Polls. 

The polls of every general election shall 
be open at six o’clock in the forenoon. 
(See Section 291.) 

One of the inspectors shall then make 
proclamation that the polls of election 
are open and of the time in the afternoon 
when the polls will be closed. (See Sec¬ 
tion 350.) 

The following form may be used, or any 
other that will meet the requirements of 
law: 

“Hear ye! hear ye! hear ye! The polls 
of this election are opened, and all per¬ 
sons attending the same are strictly 
charged and commanded, by the authority 
and in the name of the people of this 
state, to keep the peace thereof during 
their attendance at this election on pain 
of' imprisonment. And all persons are 
desired to take notice that the polls will 
be closed at five o’clock in the after¬ 
noon." 

Watchers and Challengers. 

Duly authorized watchers, two of each 
political party or independent body, upon 
the production of their credentials, should 
be admitted within the guard rail at 
least fifteen minutes before the unlock¬ 
ing and examination of any ballot box 
at the opening of the polls, and may be 
present until after the announcement of 
the result of the canvass of the votes 
cast thereat, and the signing of the orig¬ 
inal statement of the canvass, and copies 
thereof, by the inspectors. Women 
watchers to be allowed at certain 
times. (See Section 352.) 

A reasonable number of challengers 
shall be permitted to remain just outside 
the guard rail of each polling place, 
where they can plainly see what is done 
within such rail outside the voting 
booths, from the opening to the close of 
tne polls thereat. See Section 352.) 

Delivery of Ballots to Electors. 

Do not allow within the guard rail 
more than twice as many voters as there 
are voting booth* lb addition to 


the persons lawfully within such guard 
rail for other purposes than voting. (See 
Section 356.) 

Persons lawfully authorized to be ad¬ 
mitted within the guard rail are enumer¬ 
ated in section three hundred fifty-one. 

When a voter enters within the guard 
rail, after giving his name and residence, 
and age, if required by the inspectors, 
one of the inspectors shall thereupon 
announce the name and residence of the 
elector in a loud and distinct voice, and 
if such voter is entitled to vote there¬ 
at, and if there is no challenge, or if 
challenged and the challenge be decided 
in his favor, one of the ballot clerks 
shall deliver to him a set of official bal¬ 
lots folded in the proper manner for vot¬ 
ing. (See Section 356.) 

If it be an election for which electors 
are required to be registered, the other 
inspectors shall, before any ballots are 
delivered by the ballot clerks, ascertain 
whether he is duly registered, and the 
ballot clerks shall not deliver any bal¬ 
lots to such voter, until the inspectors 
announce that he is registered. (See 
Section 353.) 

The ballot, clerks shall deliver the bal¬ 
lots in such order that the numerical 
order of the numbers printed on the stubs 
of the ballots delivered shall be the same 
as the order of the successive deliveries 
thereof. The ballot numbered one on the 
stub being the first delivered, and so on. 
(See Section 354.) 

If, in addition there shall be any bal¬ 
lots of questions submitted, such ballots 
shall be delivered to the voter in such 
order that the number on the stubs of 
both ballots so delivered shall be the 
same. (See Section 354.) 

In case one of a set of ballots bearing 
the same number shall be found defective 
in printing, or mutilated, before the same 
is given to the voter, all ballots of that 
number shall have the stubs removed 
therefrom by the ballot clerks, and such 
ballots shall be deposited in the box for 
spoiled and mutilated ballots, and the 
stubs in the box for detached stubs; and 
a memorandum shall be made of the fact 
that such set was not delivered to the 
voters. (See Section 354.) 

The ballot clerks shall upon the de- 
livery of official ballots to the voters 
announce the voter’s name and the print¬ 
ed number on the stub of each ballot so 
delivered. (See Section 354.) 

Upon the return of a ballot or set of 
ballots unvoted, they shall announce the 
name of the voter returning them, and 
the printed number on the stubs of the 
ballots so returned, and shall at once 
remove the stubs from such returned 
ballots, and deposit the same in the box 
for detached stubs, and such ballots in a 
box for spoiled and mutilated ballots; 
and shall then make a memorandum of 
the number of sucl* ballots and the fact 
that they were returned spoiled by the 
voters. (See Section 354.) 

a voter deface or tear a ballot, or 
wrongly mark the same, he may succes¬ 
sively obtain others, one set at a time, 
not exceeding in all three sets, upon 
returning each set of ballots so defaced 
or wrongly marked to the ballot clerk?. 
(See Section 358.) 

Upon each delivery of the official bal-< 
lot, or set of official ballots, by the bal¬ 
lot clerks to a voter, each poll clerk 
must make the proper entries in the 
proper column of the poll book. (See 
Section 355.) 

Only such ballots shall be delivered to 
a voter, as the voter is legally entitled 
to vote, and also a sample ballot when 
the same is asked for, (See Section 
356.) 

Assistance for Certain Electors, 

In cases of physical disability or il¬ 
literacy of a voter, which must be de¬ 
clared by the voter under oath, two of 
the election officers, who shall not be o t 
the same political faith, may enter the 
booth,.with suoh voter Mid ftBllst him in 

















74 


i 


Eagle Library—THE ELECTION LAW OF THE STATE OF NEW YORK 


preparing his ballots. Such election offi¬ 
cers are forbidden to influence such 
voter, or reveal to any person the name 
of any candidate voted for by such voter. 
(See Section 357, relating to assistance 
at town meetings or village elections.) 

Receiving of Ballots. 

When the ballot of a qualified voter is 
presented to the inspector in charge of 
the ballot box, such inspector shall an¬ 
nounce the name of the voter and printed 
number on the stub in a loud and distinct 
voice, and if the voter be entitled to vote 
and be not challenged, or if challenged 
and the challenge be decided in his favor, 
and if his ballots are properly folded 
and have no mark or tear visible on the 
outside thereof, except the printed num¬ 
ber on the stub and the printed endorse¬ 
ment on the back, and if such printed 
number is the same as that entered on 
the poll books as the number on the 
stub or stubs of the official ballot or set 
of ballots last delivered to him by the 
ballot clerks, such inspector shall re¬ 
ceive such ballot or ballots, after remov¬ 
ing the stub or stubs therefrom in plain 
view of the voter, and without removing 
any other part of the ballot, or in any 
way exposing the face thereof below the 
stub, shall deposit each ballot in the 
proper ballot box for the reception of 
voted ballots, and the stub in the box 
for detached ballot stubs. (See Section 
359.) 

As each elector votes the poll clerks 
shall enter in the poll books in the col¬ 
umn provided therefor, opposite the name 
of such elector, the number upon the de¬ 
tached stub of the ballot or set of bal¬ 
lots voted by him. (See Section 355.) 

As each elector offers his ballot or set 
of ballots which he intends to vote, to the 
inspector, each poll clerk shall report to 
the inspector whether the number entered 
on the poll book kept by him, as the 
number on the ballots or set of ballots 
last delivered to such elector is the same 
as the number on the stub of the ballot 
or set of ballots so offered. (See Sec¬ 
tion 355.) 

Challenges. 

A person may be challenged, either 
when he applies for an official ballot, or 
when he offers the ballot that he intends 
to vote, or previously by notice to 
that effect to an inspector by any 

voter. It shall be the duty of 

each inspector to challenge every 
person offering to vote, whom he shall 
know or suspect not to be duly qualified 
as a voter. (See Sections 169, 361.) 

In such cases the following prelimi¬ 
nary oath shall be tendered to him: “You 
do swear (or affirm) that you will fully 
and truly answer all such questions as 
shall be put to you touching your place 
of residence and qualifications as an elec¬ 
tor.” (See Section 362.) 

The inspectors or one of them shall 
then ask the following questions under 
the preliminary oath: 

1. What is your name? 

2. What is your age? 

3. Where do you reside? State as pre¬ 
cisely as you are able the particular 
locality of your place of residence. 

4. How long have you resided in this 
election district? • 

5. What was your last place of resi¬ 
dence before you came into this election 
district? 

6. How long have you resided in this 
country? 

7. How long have you resided in this 
state? 

8. Are you a native or naturalized 
citizen? 

If a naturalized citizen— 

9. When were you naturalized? 

10. W T here and in what court, or before 
what officer? 

11. How long have you resided in the 
United States? 

22, Did vou come into till— election dis¬ 


trict for the purpose of voting at the 
next ensuing election? 

13. How long do you contemplate resid¬ 
ing in this election district? 

14. Have you made a bet or wager, or 
are you directly or indirectly interested 
in any bet or wager depending on the 
result of the next ensuing election? 

15. Have you received, or offered to re¬ 
ceive, or do you expect to receive, any 
money or other valuable thing as com¬ 
pensation or reward for giving your vote 
at the next ensuing election? 

16. Have you paid, offered or promised 
to pay, contributed, offered or promised 
to contribute, to another, to be paid or 
used, any money or other valuable thing, 
or made any promise, to influence the 
giving or withholding of any vote at the 
next ensuing election? 

17. Have you been convicted of felony? 

18. If so convicted, have you been par¬ 
doned and restored to all the rights of 
citizenship? 

In addition, such other questions may 
be asked which may tend to test the 
qualifications of the person offering to 
vote as a resident of the election dis¬ 
trict, citizenship and right to vote at 
such polling place. (See Section 362.) 

Upon the refusal of any person to take 
the preliminary oath, and to answer fully 
the questions which may be put to him, 
his vote shall be rejected. (See Section 
362.) 

After receiving the answers of the per¬ 
son challenged, the inspectors shall point 
out to him the qualifications, if any, in 
respect to which he shall appear to them 
to be deficient. (See Section 362.) 

And if the person persists in his claim 
to vote, and the challenge be not with¬ 
drawn, the following oath shall be ad¬ 
ministered to him: “You do swear (or 
affirm) that you are twenty-one years of 
age, that you have been a citizen of the 
United States for ninety days, and an in¬ 
habitant of this state for one year next 
preceding this election, and for the last 
four months a resident of this county, 
and for the last thirty days a resident 
of this election district, and that you have 
not voted at this election?” (See Sec¬ 
tion 363.) 

If the person so offering to vote shall 
be challenged for causes stated in sec¬ 
tion two of article two of the Constitu¬ 
tion of this state, the following addi¬ 
tional oath shall be administered by one 
of the inspectors: “You do swear (or 
affirm) that you have not received or 
offered, do not expect to receive, have not 
paid, offered or promised to pay, con¬ 
tributed, offered or promised to con¬ 
tribute to another, to be paid or used, 
any money or other valuable thing as a 
compensation or reward for the giving 
or withholding of a vote at this election, 
and have not made any promise to influ¬ 
ence the giving or withholding of any 
such vote and that you have not made, 
or become directly or indirectly inter¬ 
ested in any bet or wager depending upon 
the result of this election.” (See Sec¬ 
tion 363.) 

If the person so offering to vote shall 
be challenged on the ground of having 
been convicted of bribery or any in¬ 
famous crime, the following additional 
oath shall be administered to him by one 
of the inspectors: "You do swear (or 
affirm) that you have not been convicted 
of bribery or any infamous crime, or if so 
convicted, that you have been pardoned 
and restored to all the rights of a citi¬ 
zen.” (See Section 363.) 

If any person shall refuse to take 
either oath so tendered, his vote shall 
be rejected, but if he shall take the oath 
or oaths tendered him, his vote shall be 
accepted. (See Section 363.) 

A record of the persons challenged is 
required to be kept, containing the name 
or every person who is challenged, or 
who takes either the preliminary or gen¬ 
eral oath, or both, specifying in each 
case the particular oath taken, and at the 
close of election, the inspectors shall 
certify that the record contains the names 


of all persons challenged at such election 
in such district. (See Section 364.) 

Closing the Polls nml Connting the 
Vote. 

The polls shall be closed at five 
o’clock in the afternoon. The clos¬ 
ing of the polls shall be deemed to 
mean the close of the delivery of of¬ 
ficial ballots to the electors, and the 
electors entitled to vote who are in 
the polling place at or before the 
time fixed for the close of the polls, 
shall be allowed to vote. (See Section 

291.) , . . 

Immediately upon the closing or 
the polls, the inspectors of election 
shall publicly canvass and ascertain 
the votes, and shall not adjourn or 
postpone the canvass until it shall be 
fully completed. 

At the close of the polls the bal¬ 
lot clerks shall make up in triplicate 
in ink a return which shall account 
for all the official ballots furnished 
to the election district in which they 
are serving: they shall count and 
i verify the number of each kind of 
' unused ballots, and enter it upon 
their returns; they shall then open 
the box for ballots canceled before 
delivery and spoiled and returned by 
voters, separate them into their sev¬ 
eral kinds, count all ballots of each 
kind and enter the numbers upon 
their returns. They shall make the 
additions and subtractions called for 
by the returns and prove their fig¬ 
ures. In making their returns as 
| aforesaid, the ballot clerks shall use 
| the printed forms supplied to them 
with the ballots, and they shall care¬ 
fully insert in all the blank spaces 
thereon the appropriate names, 
words and figures according to the 
directions contained in article nine 
of this chapter and printed on the. 
forms. 

Each kind of ballot and each kind 
of stub shall immediately after they 
are counted as aforesaid be securely 
tied in a separate package, and shall 
be plainly labeled, sealed, and re¬ 
turned to the box from which it was 
taken, and the box securely locked 
and sealed. The ballot clerks shall 
also securely tie all unused ballots in 
a sealed package. They shall then 
sign and swear to their returns before 
one of the inspectors and shall deliver 
their returns, the boxes, packages, 
ballots and stubs, together with the 
keys of the boxes, to the chairman 
of the board of inspectors. The ballots 
so sealed and delivered shall be de¬ 
posited and preserved as ballot boxes 
are hereinafter required to be de¬ 
posited and preserved. 

3. Poll clerks. Immediately upon 
the close of the polls the poll clerics 
shall assist the inspectors of elec¬ 
tion in comparing the poll-books with 
the registers as hereinafter provided, 
and shall make out in triplicate in 
ink and sign and swear to their re¬ 
turns before one of the inspectors of 
elections according to the forms pro¬ 
vided, and deliver them to the chair¬ 
man. 

4. Order of canvassing. The bal¬ 
lot boxes shall then, and not before, 
be opened and the ballots shall be 
canvassed, in the following order: 

First. The box, if any, containing 
j presidential ballots. 

Second. The box, if any, containing 
general ballots; and 

Third. The boxes, if any, contain¬ 
ing ballots upon constitutional amend¬ 
ments or other questions submitted, 
including town questions. (See Section 
366.) 


Method of Canvassing;. 

The chairman of the board of in¬ 
spectors shall personally unfold each 
ballot of the kind then to be can¬ 
vassed in such a manner that its fact) 


















Eagle Library—THE ELECTION LAW OF THE STATE OF NEW YORK 


75 I 


ehall be down and all marks thereon 
shall be wholly concealed, and he 
shall place all the ballots, so un¬ 
folded and with their faces down, in 
one pile. He shall then take up each 
ballot in order, turn it face up, and 
announce in a loud and distinct voice, 
the vote registered on the first sec¬ 
tion or that the ballot is void or that 
the section is blank, as the case may 
be. H^ shall then turn the ballot 
face down and place it in a new pile. 
When he has announced the votes on 
the first sections of all the ballots 
of the kind then to be canvassed, and 
the poll clerk’s tallies made as here¬ 
inafter provided are proved to be 
correct, the official return provided 
for in article thirteen shall be filed 
out and signed. Then, and not be¬ 
fore, the chairman shall proceed to 
canvass in like manner the votes upon 
the next section to be canvassed, and 
thus he shall proceed until all the bal¬ 
lots have been canvassed. 

As each vote is announced each poll 
clerk shall immediately tally it in 
black ink, with a downward stroke 
from right to left upon the official 
tally sheet provided for the purpose, 
also carefully tallying one for each 
blank or void vote. Each poll clerk 
as he tallies a vote shall cleanly an¬ 
nounce the name of the candidate for 
whom he tallies it, or that he tallies 
the vote blank or void as the case may 
be, or in case of a question submitted 
that he tallies the vote “Yes” or “No” 
as the case may be, and until such 
announcement by each poll clerk the 
chairman shall not announce another 
vote. When a candidate’s name is nol 
printed on the official tally sheet or 
return provided, it shall be written in 
full thereon in ink in its due order, 
that is, in the order in which it ap¬ 
pears on the ballot. The tally marks 
ehall be made in due numerical order 
in the tally spaces provided. 

When all the sections relating to 
the same office or question shall have 
been canvassed, the number of ballots 
shall be compared with the tally 
thereof. If the result as shown on 
the tally sheets does not agree with 
the results as shown by the number 
of ballots, an error has been com¬ 
mitted and a recanvass must be 
made. Upon the recanvass, the tally 
mult be kept in red ink from left to 
right across the previous tally marks. 
When all the errors have been cor¬ 
rected and the tally sheets have been 
found to be correct, the poll clerks 
shall indicate the last tally opposite 
each name by forthwith canceling at 
least the next ten unused tally spaces, 
if there are so many, and if there are 
not so many, then as many as pos¬ 
sible, by drawing through them in red 
ink one or more horizontal straight 
lines. The tally sheets having been 
thus prepared, verified, and closed, 
the inspectors and poll clerks shall 
sign the certificate at the foot of 
each sheet in the places indicated 
thereon. 

2. Canvassing ballots when more 
than one candidate is to be elected to 
the same office. When more than one 
candidate is to be elected to the same 
office, the foregoing method of can¬ 
vass shall be modified to meet the 
necessities of the case, as follows: 

The chairman shall read the names 
of the candidates voted for in the 
order in which they appear in the 
section, and each poll clerk shall 
make an accurate tally of each vote a? 
announced upon the official tally 
sheet provided for the purpose. The 
chairman shall also announce the 
void ballots, if any, and the number 
of blanks, if any, upon the section, 
and each poll clerk shall make as 
many tallies for each void ballot as 
there are candidates thereon to be 
elected to the office in question, and 
one tally for each blank. 

3. Canvassing presidential ballots. 
The straight ballots, that is, all valid 


ballots on which all the candidates in 
any party group are voted for, shall 
be placed in piles, like with like, and 
the split ballots, that is. all valid bal¬ 
lots marked in one or more of the in¬ 
dividual voting squares or with names 
written thereon, shall be placed in 
one pile, and all void ballots and 
wholly blank ballots shall be likewise 
placed in separate piles. Each of the 
piles shall then be counted and the 
result clearly announced, and the 
number of straight votes for each 
candidate shall be entered in gross 
opposite his name on a tally sheet by 
each poll clerk, and the number of 
split, void and wholly blank ballots 
shall be similarly entered in their ap¬ 
propriate places. The chairman shall 
then take the split ballots and they 
, shall be canvassed, announced and 
tallied in the manner above provided 
for canvassing ballots when more than 
one candidate is to be elected to the 
same office. 

In all cities and villages of five 
thousand inhabitants or more, the 
chairman of the board shall forth¬ 
with upon completion of the count of 
votes and announcement thereof, de¬ 
liver to the police officer on duty at 
the polling place a statement sub¬ 
scribed by the board stating the 
number of votes received by each can¬ 
didate for office. (See Section 372.) 


Statement of Canvass and Certified 
Copies, 

Upon the completion of the canvass the 
board of inspectors shall make out an 
original statement of canvass and two 
certified copies thereof, and sign and cer¬ 
tify them as required by law. (See Sec¬ 
tion 373.) 

The ballots voted, except the void and 
protested ballots, should be replaced in 
the box from which they were taken, to¬ 
gether with a statement as to the number 
of such ballots so replaced, and each 
such box shall be securely locked and 
sealed, and deposited with the officer or 
board furnishing such boxes. (See Sec¬ 
tion 374.) 


Proclamation of Result, 

Upon the completion of the canvass and 
of the original statement and certified 
copies, and the result thereof, the chair¬ 
man of the board shall make public oral 
proclamation of the result of the can¬ 
vass. tSee Section 375.) 

The original statement of canvass and 
the certified copies thereof will then be 
securely and separately sealed with seal¬ 
ing wax in an envelope properly en¬ 
dorsed on the outside thereof by the in¬ 
spectors. (See Section 376.) 


Delivery and Filing of Papers, Etc. 

At every general election, the chair¬ 
man of the board shall forthwith upon 
the completion of the canvass, deliver one 
certified copy thereof as follows: 

One copy shall bo delivered to the su¬ 
pervisor of the town or city in which the 
election district is situated, and if there 
be no supervisor, or he be absent or un¬ 
able to attend the meeting of the county 
board of canvassers, such copy shall be 
forthwith delivered to the assessors of 
such town or city, (See Section 377.) 

One certified copy of such original 
statement of the result of the canvass, 
the poll books of the election and one of 
the tally sheets shall be forthwith filed 
by the inspectors, or by one of them 
deputed for that purpose, with the town 
or city clerk as the case may be, (See 
Section 377.) 

The original certified statement of the 
result of the canvass, with the original 
ballot return, prepared by the ballot 
clerk, attached, the sealed package of 


void and protested ballots, the record as 
to challenged and assisted electors, "with 
the sealed packages of the detached stubs 
and unvoted ballots, and one of the tally 
sheets shall within twenty-four hours 
after the completion of the canvass, be 
filed by the chairman of the board of 
inspectors, with the board of elections of 
the county in which the election district 
is situated. (See Section 377.) 

The registers of electors and public 
copy thereof shall be filed at the close of 
the canvass of votes, or within twenty- 
tour Hours thereafter shall be filed 1 *‘*“ 
spectively with the board of elections of 
♦he county in which the election district 
Is located, and in the city of New York 
with the office located in the borough of 
Manhattan, and with the chief clerk of 
the branch office of the board of elections 
in each other borough of the city of New 
York. (See Section 180.) 

In the city of New York, the original 
statement of canvass, the sealed pack¬ 
ages of void and protested ballots and 
other election papers and packages, shall 
be filed as provided in section 378 of tha 
election law. 


HOW TO VOTE. 


The voter should enter within the 
guard rail through the entrance pro¬ 
vided, and forthwith proceed to the 
inspectors and give his name and resi¬ 
dence to the inspectors. If entitled to 
vote, and his vote is not challenged, 
or if challenged, and the challenge be 
decided in his favor, one of the bal¬ 
lot clerks will deliver to him one of¬ 
ficial ballot, or set of official ballots, 
folded in the proper manner, (Sea 
Section 356.) 

He will then retire alone to one 
of the voting booths for the purpose 
of preparing his ballots. The fol¬ 
lowing rules are to be observed in 
marking ballots. (See Section 356.) 

1. To vote for an entire group of 
presidential electors of any party by 
means of a single mark, he shall make 
a cross X mark in the circle above 
the party column. 

2. To vote for any candidate on 
any ballot, except for an entire group, 
of presidential electors by means of 
single mark, he shall make a cross X 
mark in the voting square at the left 
of the candidate’s name, 

8, If a voter makes a cross X mark 
in the circle above a party column 
and also makes a cross X mark in one 
or more voting squares at the left of 
the names of one or more presidential 
electors or w'rites in a name or names, 
he shall be deemed to have voted for 
the electors on the ticket so marked 
in the circle, except those whose 
names are opposite to the names so 
specially indicated, 

4, To vote for any candidate not on 
the ballot, he shall write the candi¬ 
date’s name on a, line left blank in 
the appropriate place. 

6. To vote on any constitutional 
amendment or question submitted, he 
shall make a cross mark X in. the 
appropriate voting square at the left 
of the question as printed on the 
ballot. 

A cross X mark shall consist, of 
any straight line crossing any other 
straight line, at any angle, within a. 
circle or voting square. Any mark 
other than a cross X mark or any 
erasure of any kind shall make the 
W'hole ballot void; but no ballot 6hall 
be declared void because a cross X 
mark thereon is irregular in char¬ 
acter. Any ballot wffiich is defaced 
or torn by the voter shall be void. 
If a voter shall do any act extrinsic 
to the ballot itself, such as inclosing 
any paper or other article in the 
folded ballot, such ballot shall be 
void. If the elector marks more names 
than there are persons to be elected 
to an office, or if for any other reas^\ 










76 


Eagle Library—THE ELECTION LAW OF THE STATE OF NEW YORK 


it is impossible to determine the 
elector’s choice of a candidate for an 
office to be filled, his vote shall not 
be counted for such office but shall 
be returned as a blank vote for such 
office. Where, in the case of a can¬ 
didate for governor, the candidate is 
nominated by two or more political 
organizations, and the voter makes a 
cross X mark in two or more voting 
spaces or squares, his vote for such 
candidate shall be counted, but he 
shall not be recorded in the tally 
sheet or returns as voting with any 
particular party or independent body. 

If the voter should spoil a ballot 
or one of a set of ballots he may 
successively obtain others from the 
ballot clerk, not exceeding in all three 
sets, upon returning each set of bal¬ 
lots defaced or wrongly marked. (See 
Section 358.) 

No voter should be allowed to oc¬ 
cupy a voting booth occupied by 
another, nor to occupy a booth more 
than five minutes in case all the 
booths are in use and voters are wait¬ 
ing to occupy the same. (See Section 
353. 

Before leaving the voting booth the 
voter should fold his ballot in the 
proper manner for voting, which is 
first by bringing the bottom of the 
ballot up to the perforated line, and 
second, by folding both sides to the 
center or towards the center in such 
manner that when folded the face of 
each ballot shall be concealed, and 
the printed number on the stub and 
the endorsement on the back of the 


ballot shall be visible, so that the 
stub can be removed without remov¬ 
ing any other part of the ballot, and 
without exposing any part of the face 
of the ballot below the stub, and so 
that when folded, the ballot shall not 
be more than four inches wide. (See 
Sections 356, 359.) 

The ballots handed to the voter by 
the2 ballot clerks w’ill be properly 
folded and can be refolded by him in 
the same manner. Such manner of 
folding should be carefully observed 
before unfolding his ballot for the 
preparation of his vote. (See Section 
356. 

After preparing his ballots the voter 
should proceed at once to the in¬ 
spector in charge of the ballot box, t 
deliver his ballots to him and after 
seeing them deposited, leave the en¬ 
closed space. (See Section 359.) 

A voter who declares on oath at the 
time of registration or if subsequently 
disabled, cn the day of election, that 
for lawful reasons he is unable to 
mark his ballot without assistance, 
may receive the assistance of two of 
the election officers in marking the 
same. (See Section 357.) 

All ballots must be marked with a 
lead pencil having black lead only. (See 
Section 358.) 

An elector is not allowed to re¬ 
enter the enclosed space after having 
voted. (See Section 359.) 

An elector who does not vote a bal¬ 
lot delivered to him must return the 
same to the election officer before . 


leaving the polling place. (See Section 
359.) 


THE EAGLE LIBRARY. 

Statement of ownership, management, etc., 
required by the Act of August 24, 1912, of The 
Eagle Library, published every month at 
Brooklyn, N. Y., for October 1, 1915. 

Editor Harry E. Shelland. The Eagle 
Building, Brooklyn, X. Y. 

Business Manager, Herbert F. Gunnison, The 
Eagle Building, Brooklyn, N. Y. 

Publisher, The Brooklyn Daily Eagle, The,/ 
Eagle Building, Brooklyn. N. Y. 

Names and addresses of stockholders holding 
l per cent, or more of total amount of stock: 

William Hester, Brooklyn, N. Y.; Wil¬ 
liam V. Hester, Brooklyn, N. Y.; Es¬ 

tate of St. Clar McKelway, Brooklyn, 

N. Y.; Herbert F. Gunnison, Brooklyn: 
N. Y.; William N. Dykman, Brook¬ 
lyn, N. Y.; William Hester and William v. 
Hester, trustees for Natalie Hester Cleveland, 
Jennie Hester Stewart, Arthur W. Hester, 
Brooklyn, N. Y.; Brooklyn Trust Co. and 

Frank A. Keeney, executors of will Seth L. 
Keeney, Brooklyn, N. Y.; The Estate of Will¬ 
iam Ziegler, Manhattan. N. Y.; Seth A. 
Keeney. Santa Barbara. Cal.; Fred C. Keeney, 
Santa Barbara, Cal.; Mrs. Angie Keeney 
Schwegel, Brooklyn, N. Y.; Edgar M. Cullen, 
trustee for the Estate of William C. Kingsley, 
Brooklyn, N. Y. ; Brooklyn Trust Company, 
trustee for the Estate of Thomas Klnsella, 
Brooklyn, N. Y.; Susan S. Brigham, Kingston, 

N. Y.: Anna L. O’Neil, Kingston, N. Y.; Cora 
M. O’Neil, Kingston, N. Y. 

Known bondholders, mortgagees and other 
security holders, holding l per cent, or more 
of total amount of bonds, mortgages or other 
securities, NONE. 

HERBERT F. GUNNISON. 

Business Manager. 

Sworn to and subscribed before me thi* 
first day of October, 1915. 

[Seal] C. R. GRIFFIN, 

Notary Public, Kings County, N. T« , 

(My commission expires March SO, 1917.) 












The Eagle Library 


\ 

The Election Law of the State of New York 


INDEX 


Affidavits: 

hotel keepers 
licenses ... 


Section 

holding liquor 
. 481 


Albany: 

mayor and recorder, when 
members of state board of 
canvassers . 44* 

Aldermen: 

designated for party nomina¬ 
tion on official primary 

ballot . 45 

lists of candidates for. 131 


American flag: 

display in polling places... 300-a 


provided by whom.300-a 

size of.300-a 


Application for registration: 

See registration. 

Apportionment: 

election expenses... 318 

See also Conventions; Elec¬ 
tions; Expense. 

Army: 

See Soldiers and Sailors’ 
Elections. 

Assembly: 

special election for member. 292 
statement of county canvas¬ 
sers of vote for member.. 437 

Assembly districts: 

divided into primary districts 74 
See also Election Districts. 


Assessors: 

statement of result filed 
with .... •.. 377 

Ballot boxes: 

arrangement of, at polling 
places 350 

ballot, not to be rejected if 

found in wrong..,.. 85 

description of, 316 
detached ballot stubs.,,,,,, 316 

at primary elections. 79 

examined by inspectors..., 84 
by secretary and tellers, 
at unofficial primary 

elections ,, .... .. . 92 

general ballots 316 

guard-rail, to be kept within. 351 
at primary elections...,., 8 3 
locking and unlocking of, . . , 350 

number and kind of.,,, 316 

order of opening. 366 

polling places, supplied for. . 300 
for primary elections, as in 
case of general elections. 79 

questions submitted. 316 

separate box for each party, 79 

how marked. 79 

spoiled and mutilated bal¬ 
lots . 316 

town ballots. 316 

town propositions.... 316 

unvoted ballots. 79 


Ballot clerks: Section 

appointment, in towns. 312 

for primary election only, 
where voting machines 

used . 74 

compensation . 319 

general duties. 354 

names of persons serving as, 

to be furnished. 309 

number and qualifications.. 302 
pasters, delivered to and 

affixed by. 137 

report in statement of bal¬ 
lots . 137 

primary election, appointed 
for district using voting 

machines . 74 

return sheets, expense of pro¬ 
viding , .. 318 

vacancies and absences, how 

supplied , 313 

voting machines, not ap¬ 
pointed or elected where 
used ... ,, 418 


Ballots: 

additional sample for 1914.333-a 


ballot label, term defined.,, 420 
ballot returns, form of blanks 

for . 337 

boxes for unvoted ballots and 
detached stubs to be sup¬ 
plied . 79 

constitutional amendments, 
form for 332 

county clerks to provide,.,, 341 
custodian of primary records, 
prepared by, 79 

death of candidates after 
printing of ballots, use of 
pasters 137 

delivery to voters.,,..,.,,, 356 
to whom 79 

when 79 

where ,,,,,,,,,,,,,,,,,, 79 

description of ,,,,,,,,,,,,, 331 
destroyed, when to be,,,,,, 8 8 

detached ballot stubs, box 


for 316 

preservation of,, 378 
disposition of, after canvass., 88 
distributed by county clerks., 343 
errors and omissions in,,,,, 344 
folded together, when to be 


counted 367 

folding of ,,,,,,,,,,,,,,,,, 356 
form of , , 331 


found in wrong box, how 
counted 367 

generally 330-345 

instruction cards, expense of 

providing ..318 

intent of voters, determined 

from markings . 86 

rules for canvassing.. 368 

irregular, disposition of. .... 414 
how cast on voting ma¬ 
chine . ,,.,,,, . 408 

term defined 420 

judicial investigation of. , . , 381 

manner of voting. 359 

marked for identification, 

protested . 370 

marking, rules for. 358 

method of counting. 368 

New York city, filing in.... 378 


Ballots—Continued Section 

not to be unfolded outside of 

booth . 359 

number of . 79 

official, expense of providing 318 
kept within guard rail.... 351 
number for each polling 

place . 340 

similar in form and style- 331 
when provided at public 

expense . 830 

official primary. 58 

defined, subd. 11. 3 

pasters affixed to. 137 

when to be used. 137 

persons not candidates, how 

indicated on.•. 358 

preparation of, by voter. 358 

preservation of, except void 

or protested. 374 

presidential electors, vote of, 

how cast. 454 

printing on back. 331 

produced, when to be. ..... , 88 

proposition submitted, form 

for .•. 332 

protested, filing of. 376 

preservation of 374 

provided by whom.. 341 

public inspection of.,,,,,,, 342 
questions submitted, form 

for . 332 

intent of voters at primary 

elections ., , , , , 86 

sample, expense of providing 318 

how printed .333 

spoiled and mutilated, box 

for . 316 

straight ticket, how marked, 368 
stubs, description of..,,,,,, 331 
detached, box for..,.,.., 316 

filing of .. , , , 377 

removal of, in view of 

voters . 359 

what to contain.. 331 

term defined . 420 

town propositions, form for, 332 
unofficial, used in lieu a# 
official ballots 345 

voting machines, when to 

be used in. 406 

when to be voted, 360 
unused, in New York city, 

disposition of ... , , , 201 

unvoted, delivery and filing 376 
verifying number of.,,,,,,, 367 

void, description . 0 $ 

marks on .... ,, S.5 


preservation of ... ,,, 374 

void and protested, filing of S77 
voting machines, form for, , 397 


official, number of.,,,,., 399 
party columns on.,,.,,,, 397 

sample for. ,,,,,, 398 

war, how printed...,,,,,., 503 
official envelopes for.... 604 
when delivered, where vot¬ 
ing machines are used..,, 404 

wilful defacement of . 371 

without official indorsement, 
how counted . 367 


See also Ballot Boxes; Can¬ 
vass; Instruction Cards; 
Primary Ballots; Sample 
Ballots; Soldiers and Sail¬ 
ors’ Elections; Voting Ma¬ 
chines 












































































































78 


Eagle Library—THE ELECTION LAW OF THE STATE OF NEW YORK 


Banners: Section 

American flag, display of. . 300-a 

not allowed in or near poll¬ 
ing place .. 84 

Blanks: 

furnished for use of election 
officer . 334 

Board: 

judicial proceedings because 
of action or neglect of. . . . 56 

See also County Clerks. 

Board of canvassers: 

See Canvassers, County 
Board of; Canvassers, 
State Board of; New York 
City. 


Boards of elections: 

ballot boxes provided by.... 79 

ballots and stationery pro¬ 
vided by. 341 

bi-partisan character of. 196 

independent certificates of 
nomination, filed with.... 127 

when to be filed. 128 

certification of nomination 
by secretary of state..... 129 
commissioners of elections, 
to organize as a board... 192 
members of board desig¬ 
nated as . 190 

number of . 190 

custodian of primary records 

to act as. 202 

declination of nomination, 

time of filing with. 133 

distance markers provided by 79 

duties and powers of. 190 

election records and appli¬ 
ances transferred to. 206 

employees of. 197 

enrollment, publication of. . . 22 

transcripts to be provided 22 

established . 190 

in cities of first class con¬ 
taining one or more 

counties . 190 

expenses of, how paid. 200 

false registration, investiga¬ 
tion of . 157 

filling vacancies in board. ... 195 
general office and branches. . 198 

generally .190-208 

guard-rails provided by. 7 9 

lists of candidates sent to 
town clerks and aldermen 

by . 131 

new nominations, certificates 

filed with .•. . . . 136 

New Y'ork city, certificates of 

nomination filed with. 127 

election expenses. 318 

nominations, how pub¬ 
lished . 130 

to be custodian of primary 

elections . 202 

nominations to be published 

by . 130 

number of commissioners... 190 
office hours, rules and regu¬ 
lations . 207 

official seal . 203 

police aid for . 199 

political parties, representa¬ 
tion among commissioners 190 

poll-books provided by. 79 

polling places provided by.. 79 
public record of proceedings 

to be kept... 208 

registers and unused ballots, 

disposition of. 201 

registry lists published,. 157 

rules and reports. 192 

salaries of commissioners. . . 193 
sample ballots provided by.. 79 
statements of canvass, tally 
sheets and poll-books filed 

with .. 204 

supplies for primary elec¬ 
tions provided by. 79 

for general election. 341 

to furnish additional sample 


ballots for 1914333-a 
voting booths provided by. . 79 

See also Cities; Counties; 
Commissioners of Elec- J 


Board of Elections—Continued Section 
tions; Custodian of Pri¬ 
mary Records; New York 
City; New York County. 

Boards of inspectors: 

See Inspectors. 

Boards of primary election officers: 

members of . 74 

duties of, how divided.... 74 

See also Primaries. 

Booths: 

arrangement of, upon open¬ 


ing of polls..-. 350 

description .. 6 

expense of providing. 318 

number and description of. . 317 
polling places, supplied for. 300 
provided and paid for, for 
primary elections, as in 
case of general elections. . 79 

provided for registration.... 6 

by custodian of primary 

records . 6 

number of . 6 

supplies for . . . . •. 6 

time of erection . 6 

term to include ballot ma¬ 
chine inclosure. 412 

time of occupancy by voter.. 358 


Boroughs: 

See Boards of Elections; 
Cities of 1,000,000 Inhabi¬ 
tants; New York City. 


Candidates—Continued Section 

penalty . . .. 93 

form for designation for elec¬ 
tion to party position by 

petition . 48 

for party nomination by 

petition . 48 

independent nominations, per 
cent, of voters to make.. 12 2 
lists posted by town clerks 

and aldermen . 131 

names written on tally sheet 
by inspectors of election.. 79 

newspapers, support by. 301 

designated by petition for 
party nomination by en¬ 
rolled voters. 48 

party funds restricted in use 
for prinmry purposes..... 562 
party nomination, canvass by 
custodian of primary rec¬ 
ords . 89 

canvass by secretary of 

state, subd. 2. 89 

party position, canvass by 
custodian of primary rec¬ 
ords . 89 

personal expenses defined... 542 
statement of result of can¬ 
vass may be examined by 88 
support of, by newspapers. . 301 
vouchers for expenditures 544 
See also Certificates of Nom¬ 
ination; Corrupt Practices; 

New York City; Nomina¬ 
tion; Primaries. 


Boundaries.. p. 92-98 

Bronx county: 

See New York City. 

Brooklyn: 

See New York City. 

Buffalo: 

election districts, creation, di¬ 


vision and alteration of. . 296 
places for registry and voting, 

designation of . 299 

See also Ballots; Erie County. 

Building department: 

reports to state superintend¬ 
ents of elections. 483 


Campaign committees: 

party rules may provide for 35 


Campaign contributions: 

detailed statement of.. 546 

name of contributor, to be 

under ... 647 

not made through political 
committee, statement of. . 541 
primary purposes, restric¬ 
tions as to use for. 562 

See also Corrupt Practices. 

Campaign expenditures: 

detailed statement of . 54 6 

primary elections, made for 641 

vouchers for . 545 

See also Corrupt Practices. 

Campaign expenses: 

personal expenses defined... 542 
secretary of state to file and 

preserve statements . 548 

See also Corrupt Practices. 

Candidates: 

ballots, how marked. 358 


certificate of election to party 


position, delivered by cus¬ 
todian of primary records 89 j 
certificate of party nomina¬ 
tion, delivered by custodian 
of primary records to. . . . 89 [ 

for party nomination to be 

made at primaries. 45 J 

designated by petition, for 
party nomination to be 
made at primaries....... 45 

arrangement on official 

primary ballot. 58 

designation, term defined, 

subd. 10 . 3 j 

violation of provisions rela¬ 
tive to, a misdemeanor; 


Canvass: 

adjournment or postponement 

not to be. 86 

ballot boxes, order of open¬ 
ing . 366 

begins at closing of polls. ... 366 
disposition of ballots after. . 88 

generally . 350-381 

inspectors to make and sign 

original statement of. 373 

method of canvassing ...... 368 

New York city statements 

filed in . 378 

police, statement delivered to 372 
poll-books and registers com¬ 
pared . 367 

preparation for .. 366 

primary inspectors to make. 85 
primary returns, violation of 
provisions relative to, a 
misdemeanor; penalty ... 93 

proclamation of result. 375 

at primary election. 87 

public view of . 366 

room to be lighted. 366 

rules for making. 85 

soldiers and sailors’ vote, du¬ 
ties of inspectors. 514 

how conducted . 511 

statements and certified cop¬ 
ies to be sealed . 376 

transcript of result may be 

made b 3 r watcher. 88 

void and protested ballots, 

preservation of . 874 

when voting machines used .413 
certificate signed by in¬ 
spectors . 413 

written statement on state¬ 
ment of result sheet in du¬ 
plicate .. 87 

See also Ballots; Canvassers, 
County Board of; Canvas- 1 
sers; State Board of; State¬ 
ments; Voting Machines. 

Canvassers, boards of: 

generally . 430-444 

See also Canvassers, County 
Board of; Canvassers, State 
Board of. 


Canvassers, county board of: 

corrected statements, man¬ 
damus to state board to 

canvass . 435 

proceedings of state board 

upon . 434 

determination of election by 438 

how made -. 435 

election district statements, 
correction of error in.... 432 
mandamus to correct errors. 433 










































































































Eagle Library—THE ELECTION LAW OF THE STATE OF NEW YORK 


79 


Canvasser's, County Board of—Cont’d 

Section 


meetings, when held. 430 

order to compel . 4 30 

organization of ... 430 

quorum .. 430 

soldiers and sailors’ vote can¬ 
vassed by. % . 515 

statements of canvass, how 

made . 437 

production of . 431 

sent to governor, secretary 
of state and comptroller 4 39 


Canvassers, state board of: 

certificates of election sent 

by secretary of state. 443 

corrected statements of coun¬ 
ty boards, mandamus to 

canvass . 43 5 

proceedings upon ..-..434-436 
dissenting opinion filed with 

secretary of state. 442 

mandamus to correct errors. 433 

meetings, secretary of state to 

appoint . 441 

organization of. 441 

quorum . 441 

soldiers and sailors’ vote can- , 

vassed by . 516 1 

statement and determination 

of . 442 

statements of county boards 
canvassed by. 442 

Cards: 

secretary of state to provide 485 
See also State Superintend¬ 
ents of Elections. 


Cards of instruction: 

exjiense of providing. 318 

See also Stationery; sui>plies. 

Certificates: 

boundaries of election dis¬ 
tricts . 298 

designation, filed after print¬ 
ing of ballots. 52 

election officers, appointment 307 

name, title of office, party, 
emblem, transmitted by sec¬ 
retary of state to custodian 

of primary records. 51 

record of persons challenged. 3 64 
vacancy, certificate filed 
after printing of ballots. . . 52 

effect of . 52 

secretary of state, when 

filed with . 52 

what to contain. 52 

Certificates of nomination: 

filed with board of elections 

for certain offices. 127 

in duplicate for town offices 127 
with city, village or town 

clerk . 127 

with secretary of state, for 

certain offices . 127 

fraudulent or forged names.. 123 

independent .. 122 

designation of committee,, 123 

form of , , .. ,,,,., 123 

how made ,,,.123 

time of filing. 128 

written objection, filed and 

heard . 134 

omitted emblems, how sup¬ 
plied ..., . 126 

places of filing. ,.,,,, 127 

public records.. , . , 127 

record of, open to public in¬ 
spection ... , , , 127 

what to contain. 127 

special election, time of filing 128 
vacancy, manner of filing 

certificate to fill. 135 

See also Certificates; Nomina¬ 
tions. 

Challenge affidavits: 

disposition of. 172 

form of .... 168 

Challenge affidavits— Continued: 

investigation into truth of... 170 
preparation of 167 


Challengers: Section 

duties and qualifications of... 352 

at primary elections. 84 

number at polls. 352 

permitted at primary elec¬ 
tions .... 84 

Challenges: 

applicants for registration.. .169 
comparison of description 

and answers . 361 

enrollment book, record in.. 5 
entry requiring, to be made... 173 

form to be used. 72 

inspectors to challenge doubt¬ 
ful person^. 361 

oath to be administered. 363 

official primary elections.... 72 

preliminary oath . 3 62 

procedure at official primary 

election . 71 

questions . 362 

record of persons challenged 3 64 

where filed. 377 

voter subject to. 71 

when offered . 361 

See also Challenge Affidavits; 
Elections; Inspectors; Oath. 


Change of residence: 

See Enrollment; Registration; 
Residence. 

Cities: 

Albany, mayor and recorder, 
when me tubers of state 


board of canvassers. 441 

ballots and stationery, distri¬ 
bution of . 343 

board of primary election 

officers, duties. 74 

number of officers. 74 

certifying changes in register 179 
certifying number of regis¬ 
tered electors. .. 181 

divided into primary districts 74 
election districts, creation, 
division and alteration of. 296 
maps and certificates of 

boundaries of. 298 

redistricting of . 419 

election expense, apportion¬ 
ment of . 318 

when held on general elec¬ 
tion day . 318 

when not held on general 

election day .. 318 

election officers, appointment 

of. 303 

party lists to be authenti¬ 
cated ,,,,, . 304 

municipal offices, first class 
cities, number of signatures 

required on certificate. 122 

new election district, Certified 

copy of register for. 183 

registration, how conducted 158 
other than general elec¬ 
tions .. 160 

registration and polling 
places, publication of list.. 301 
voting machines, adoption of 393 
See also Enrollment; Prima¬ 
ries; Registration. 


Cities of first class: 

board of elections established 190 


certifying changes in register 179 
election officers, compensa¬ 
tion of 319 

removal and filling of 

vacancies .. 308 

enrollment, publication of... 22 

official ballots, number to be 
supplied 340 

registers, custody and filing 

of , . , , .. 178 

See also Boards of Elections; 

New York City; Primaries; 
Registration. 


CUy clerks: 

ballots and stationery de¬ 
livered to . 343 

certificate of nomination filed 

with . 127 

declination of nomination, 

time of filing with..-. 133 

duplicate statement of result 
of canvass filed with....,, S7 


City Record: Section 

boundaries of election dis¬ 
tricts published in. 301 

canvas - by election districts 

published in . 439 

registration and polling places 
published in . 301 

Columns: 

arrangement of register. 155 

See also Ballots; Register; 
Voting Machines. _j 

Commissioners of elections: 

appointment, term and quali¬ 
fications of. 191 

bi-partisan character of 

board .•. 196 

employees . 197 

expenses of board, how paid 200 
general office and branches.. 198 

organization of board.. 192 

recommendation for appoints 

ment . 190 

salaries . 193 

vacancies in board, how filled 195 
See also Boards of Elections; 
Custodian of Primary 
Records. jgjg 

Committees: 

designation of, on indepen¬ 
dent certificates of nomina¬ 
tion . .. 123 

new county erected, com¬ 
mittees . 55 

new party, existing com¬ 
mittees continued. 55 

notified, when declination 

filed . 50 

party committees . 35 

term defined, subd. 13. 3 

See also Party Committees. 

Common council: 

places for registry and vot¬ 
ing, designation of ,. 299 

See also Cities. 


Comptroller: 

statements of canvass sent to 439 

Concurrent resolutions: 

publication of . 295 

See also Constitutional 
Amendments; Newspapers; 
Secretary of State. 

Congress: 

president of senate, mes¬ 
senger from presidential 

electors to . 455 

representatives in, certificates 

of election of. 443 

resignation, where filed.... 450 

special election for. 292 

statement of county can¬ 
vassers . 437 

when chosen . 450 

Congressional districts: 

delegates to national conven¬ 
tions, when and how 

chosen from . 53 

presidential electors nomi¬ 
nated by .. 54 

Constitution .. p. 99-117 

Constitutional amendments: 

proposed, form of ballot for 332 

notice of submission of. . . 294 

publication of .. 29 5 

See also Ballot Boxes; News¬ 
papers; Questions Sub- t 

mitted; Secretary of State. J3 

Contempt: ^ 

penalty for, in contempt pro¬ 
ceedings . 559 

See also Corrupt Practices; 
Courts. 

Contempt proceedings: 

See Courts. 

Conventions: 

national, method of choosing 
delegates to be decided by 

_ rules .. ** 























































































































80 


Eagle Library—THE ELECTION LAW OF THE STATE OF NEW YORK 


Correction of enrollment: Section 


method of making.— ►. 24 

Corrupt practices: 

accounting to treasurer or 

candidate . 544 

act relative to. 540-562 

campaign contributions, not 
made through committee, 

statement of . 541 

made under true name of 

contributor . 547 

default in filing statement; 

appeals . 556 

contempt proceedings .... 550 

hearing, conduct of . 559 

judgment and penalty.... 560 

maintained by whom. 551 

preference over other 

causes .... 555 

subpoenas . 557 

summary, proceedings to 

be . 554 

time within which proceed¬ 
ings must be brought. ... 553 

undertaking for costs. 552 

witnesses, personal privilege 

of . 558 

election law, application of 

article 20 limited.561 

personal expenses defined... 542 
political committees, defined 540 
statements filed with secre¬ 
tary of state. 548 

secretary of state, forms for 
statements provided by.. . 549 
treasurer of political com¬ 
mittee, powers and duties 

of . 543 

vouchers for campaign ex¬ 
penditures .......... 545 

Counters: 

canvass, when voting machines 

are used . 413 

See also Voting Machines. 

Counties: 

boards of canvassers, organi¬ 
zation of. 430 

boards of canvassers, organi¬ 
zation of . ... 430 

lished . 190 

expenses of election, when 
not held on general election 

day . 318 

new, committees for, how 

constituted . 55 

questions submitted, state¬ 
ment of county canvassers 437 
See also Boards of Elections; 
Canvassers, County Board 
of; Primaries; Registration. 


County board of canvassers: 

See Canvassers, County Board 
of. 


County committee: 

members of, elected at pri¬ 
mary elections . 37 

number of members. 37 

party committee, to be.. 35 

party rules and regulations to 

govern . 37 

rules for government of party 
and conduct of official pri¬ 
maries to be prepared by. . 40 

See also Committees. 


County officers: 

independent nomination, num¬ 
ber of signatures required 

on certificate .. 122 

record of election filed with 
secretary of state........ 444 

statement of county can¬ 
vassers ... ...... . 437 


Courts: 

ballot boxes opened upon 

order of . 374 

ballots, order for correction 

. 344 

conflict in names or emblems, 

order as to . 125 

Corrected statements of county 
boards of canvassers, can¬ 
vass of 435 


Courts—Continued 


Section 


Custodian of primary 


records—C ont* d 


county board of canvassers, 
meeting and organization 

of . 430 

default in filing statements of 
political committees; ap¬ 
peals . 556 

contempt proceedings .... 550 
hearing, conduct of. .. . 559 
judgment and penalty.. 560 
maintained by whom... 551 
preference over other 

causes ..• 555 

subpoenas .. 557 

summary, proceedings to 

be .554 

time within which proceed¬ 
ings must be brought.. . 553 

undertaking for costs. 552 

witnesses, personal privilege 

of . 558 

enrollment reviewed by; con¬ 
duct of . 23 

when person not in sym¬ 
pathy with party. 24 

errors in statements of can¬ 
vass, mandamus to correct 433 

Investigation of ballots.381 

objections to certificates of 
nominations, determination 

of . 134 

order adding and erasing 

names on register. 153 

soldiers and sailors’ elections, 

order for recanvass. 520 

United States, northern dis¬ 
trict, lists forwarded from 
presidential electors to 
judge of court. 456 


Cross mark: 

description .. 

intent of electors at pri 

mary elections .. 

what constitutes ..... .. 

See also Ballots. 

Custodian: 

See Voting Machines. 
Custodian of primary records: 


assigns polling places to par¬ 
ties . 74 

blanks for election officers... 334 
board of elections to act as.. 202 
canvassing statements of re¬ 
sult, method .. 89 


of designation filed with, 
after printing of ballots. 52 
of election to party position 
delivered to candidate by 89 
of party nomination de¬ 
livered to candidate by. . 89 

of vacancy filed with, after 


printing of ballot. 52 

certified copy of enrollment 
book, delivered to chair¬ 
man of each party by. 16 

prepared for each party.. 16 
correction of enrollment, 

method of.14-a 

declination of designation 
transmited to, by secretary 

of state . 50 

designations filed with, subd. 

1 . 49 

stamped or indorsed by, 

subd. 2 .. 49 

to be public records, subd. 

1 49 

duplicate declaration, at¬ 
tached to enrollment book 

by . 14 

election notices sent to. 293 

enrollment blanks, prepared 

and distributed by. 7 

to be public records. 15 

enrollment books and records, 
enrollment books, delivered 
delivered to, after last day. 

of registration . 12 

length of time to be kept 

on file . 88 

enrollment boxes, delivered to 14 

in the custody of. 11 

locked and sealed, when to 
be opened by.......... 14 

opened by . n 

provided by. 6 


82 

86 

358 


Section 


enrollment envelopes pre¬ 
pared and distributed by.. 

to be opened by*.* . 

fees, when salaried officer. . 
judicial proceedings, how 

caused by . 

judicial review of enrollment, 

service of notice. 

name of emblem, duty when 

conflict arises . 

notices published or posted by 
officer or board acting as, 

subd. 7 . 

official primary elections, 
notice prepared and pub¬ 
lished by. 

original enrollment books, de¬ 
livered to election in¬ 
spectors for official pri¬ 
mary elections. 

pasters, when furnished. 

preparation of ballots by. ... 
provides facilities for keep¬ 
ing public records and 
making copies of same, 

subd. 1 . 

records showing nomination 
of party candidate equiva¬ 
lent to certificate of nomi¬ 
nation .. ... 

rules and regulations for 
party government filed with 
sample ballots provided by., 
secretary of state to trans¬ 
mit certificate of name, 
title of office, party and 

emblem to . 

statement, of result canvassed 

by . 

of result of canvass filed 

with . 

of time, place and object of 
conventions, delivered to 
of votes cast for certain 
candidates filed with sec¬ 
retary of state by. 

of votes cast for certain 
officers, time of filing 
with secretary of state... 
supplies for voting booth pro¬ 
vided by . 

tally sheets and blank state¬ 
ments of result prepared 

and furnished by . 

time of filing notice of con¬ 
ventions with. 

transcript from enrollment 

books, certified by. 

voting booths provided by... 
wards or assembly districts in 
city or village of 5,000 or 
more divided into primary 

districts by. 

See also Ballots; Booths; En¬ 
rollment; Primaries; Sup¬ 
plies. 


7 
14 

.21 

56 

23 

125 

205 

8 

75 

18 

52 

79 

49 

121 

40 

79 

61 

89 

87 

75 

89 

89 

6 

79 

75 

21 

6 

74 


Death of candidate: 

See Candidates. 


Declaration: j 

duplicate, attached to original 

enrollment book. 14 

where personal registration 

not required . 13 

where personal registration 

required . 12 

what to contain, where per¬ 
sonal registration required 12 
where personal registration 

not required. 13 

See also Statements. 


Declination of nomination: 

candidate’s name not to ap¬ 
pear on official primary 

ballot . 

filed in writing. 

when filed with secretary of 

state .. 

See also Candidates; Nomi¬ 
nation; Vacancies. 


Definitions: 

committee, subd. 13 ......... 8 

custodian of primary records, 

subd. 7 . 3 

designation, subd. 10........... 3 




50 

50 

50 











































































































Eagle Library—THE ELECTION LAW OF THE STATE OF NEW YORK 


81 


Definitions—Continued Section 

fall primary, subd. 4 ...... 3 

general election, subd. 1.7 . . 3 

independent body, subd. 14.. 3 

independent candidate, subd. 

18 . 3 

independent nomination, 

subd. 16 .. 3 

independent nominee, subd. 

18 . 3 

nomination, subd. 9 . 3 

official primary, subd. 2. 3 

official primary ballot, subd. 

11 3 

official primary election, 

subd. 2 3 

party, subd. 8 . 3 

party candidate, subd. 17. . . . 3 

party nomination, subd. 15. 3 

party nominee, subd. 17.... 3 

party position, subd. 12. 3 

primary day, subd. 3 . 3 

spring primary, subd. 5 . . . . 3 

unit of representation, subd. 

6 3 

unofficial primary, subd. 2 . . . 3 

unofficial primary elections, 
subd. 2 . 3 


Designation: 

certificate of, when filed after 

ballots printed . 52 

copies of, made by custodian 
of primary records, subd.l 49 
declination of, filed in writing 50 
filed with certain officers.. 50 
transmited by secretary of 

state . 50 

filed with custodian of pri¬ 
mary records, subd. 1. 49 

manner of filing by party 

committee, subd. 1. 49 

stamped or indorsed by secre¬ 
tary of state or custodian of 
primary records when filed, 

subd. 2 . 49 

term defined, subd. 10. 3 

time and place for filing by 

party committee . 49 

violation of provisions rela¬ 
tive to, a misdemeanor; 

penalty . 23 

Bee also Candidates; Nomina¬ 
tion; Petition. 


Determinations: 

county clerks to transmit to 

secretary of state.439 

See also Canvassers, County 
Board of; Canvassers, State 
Board of. 


Election Districts —Continued Section 


new, certif. d copy of register 

for . 183 

number in primary district... 74 

number of voters in. 419 

poll-book for each. 78 

redistricting of .419 

residence changed within... 165 
statement of canvass, correc¬ 
tion of . 432 

supplies and furniture, ex¬ 
pense of providing. 318 

See also Boards of Elections; 


Cities; Primaries; Registra¬ 
tion. 

Election expenses: 

apportionment . 318 

See also Booths; Elections; 
Primaries; Stationery. 

Election inspectors: 

See Inspectors. 

Election law: 

article 15, saving clause rela¬ 
tive to voting machines... 421 
article 20 , application of 

article limited . 561 

enrollment, certain articles 
applicable to method of. . . 2 

nomination, certain articles 

applicable to. 2 

Party committee, certain 
articles applicable to 
method of electing mem¬ 
bers . 2 

to organization and con¬ 
duct of . 2 

party conventions, certain 
articles applicable to elec¬ 
tion of delegates and alter¬ 
nates to . 2 

to organization and con¬ 
duct . 2 

preparation and delivery of.. 320 


schedule of laws repealed.. 570 
secretary of state to prepare 

and distribute . 320 

soldiers and sailors’ elections, 
provisions applicable to... 521 
voting machines, application 
of certain articles to...... 417 

when to take, effect.. 571 

Election notices: 

transmited to custodian of 
primary records. 293 


Election officers: 


Direct nominations: 

See Candidates; Conventions; 
Nomination; Primaries. 

Disability: 

See Voters. 

Disqualification: 

See Vacancies. 


Distance markers: 

expense of providing. 318 

paid for by whom. 79 

provided by whom. 79 

supplied to each polling place 333 
See also Stationery; Supplies. 

Election day: 

Tuesday succeeding first 
Monday in November, subd. 

1 3 


See also Elections; Fall Pri¬ 
mary; Special Elections; 
Spring Primary. 


Election districts: 

abolition, consolidation or 

change, in towns. 297 

ballots and sample ballots for 79 
boundaries to be published.. 301 
creation, division and altera¬ 
tion of. 296 

custody of registers after 

election . 180 

enrollment books, to be pre¬ 
pared for . 4 

maps and certificates of boun- 


appointment of, by mayor. . . 303 

blank forms for. 334 

canvass by, when voting ma¬ 
chines are used . 413 

certificate of appointment.. 307 
of service, to be furnished. 309 

compensation of .319 

designation of .302 

disabled or illiterate voters, 

how assisted . 357 

failure to take oath, penalty 

for .310 

fees of . 319 

Instructions for guidance of. .p. 72 
lists and supplemental lists. 303 
number and qualifications of 302 

oath of office.307 

officials for election district 
within primary district, 

subd. 1 . 70 

party list to be authenticated 304 
party selection of, in New 

York city . 306 

payment of . 309 

polls, opening of.350 

qualifications, examination 

as to .305 

removal of. 308 

failure to deliver register 
and other documents, 

penalty for. 310 

transfer of . 308 

vacancies, filling of . 308 

vacancies and absences, how 

supplied .313 

voting machines, custodians 
of machines to instruct... 401 
instructing voters in use of 411 


Election Officers —Continued 
keys delivered to 


Section 
..407 

disposition of. 415 

preparation of, at polls.... 407 
when deemed public officers.. 476 
See also Ballot Clerks; Elec¬ 
tion Districts; Inspectors; 

Poll Clerks; Primary In¬ 
spectors; Primary Officers; 
Soldiers and Sailors’ Elec¬ 
tions. 

Electioneering: 

not permited at or near polls 352 
at primary elections . 84 


number and 


316 

354 

413 

353 

352 

361 


Elections: 

ballot boxes, 

kinds . 

ballot clerks, general duties of 
canvass, when voting ma¬ 
chines are used . 

challengers, number at polls 

qualifications of . 

challenges . 

county clerks to publish 

notice of. 293 

date of . 290 

documents, delivery and filing 

of . 377 

employees, time allowed for 

voting . 365 

expense of polling places and 

supplies . 311 

general, notice transmitted to 

county clerks . 293 

generally. 290-320 

conduct of . 3^0-381 

inspectors, general duties of 353 

instructions for. 

manner of voting.359 

papers relating to, delivery 

and filing of. 377 

place hired for, statement of 

time used.309 

political banner, poster or 
placard not allowed in poll¬ 
ing place . 352 

poll clerks, general duties of.. 355 
polling places, equipment of 300 
guard-rails and voting 

booths .317 

polls, opening of . 350 

time of opening and closing 291 
proposed constitutional 

amendment, notice of sub¬ 
mission of .. 294 

qualifications of election 

officers . 305 

records, filing of, in Erie 

county . 38# 

in New Y'ork city. 375 

result, proclamation of. 375 

returns, form of blanks for. . 33| 

soldiers and sailors’. 500-525 

conduct of . 51# 

stationery and supplies to be- 

provided . 33S 

unofficial ballots, when to be 

used .• 36# 

voting machines, experimental 

use of . 394 

preparation of. 40# 

watchers, appointment and 

duties of. 353 

See also Ballots; Boards of 
Elections; Canvass; Chal¬ 
lenges; Election Districts; 
Election Officers; Notices; 
Oath; Polls; Primaries; 
Soldiers and Sailors’ Elec¬ 
tions; Special Elections; 
State Superintendents of 
Elections; Voting Ma¬ 
chines. 

Elections, state superintendents of: 

See State Superintendents of 
Elections. 

Electoral college: 

meeting and organization of.. 453 
See also Presidential Electors. 

Electors: 

See Voters. 

Electors of president and vice- 
president: 

See Presidential Elector* 













































































































82 


Eagle Library—THE ELECTION LAW OF THE STATE OF NEW YORK 


Emblems: section 

arrangement on enrollment 

blanks . 7 

conflict in names or. 125 

enrollment blanks for inde¬ 
pendent body becoming a 

new political party. 15 

new, not to be chosen when 

vacancy filled . 135 

official primary ballot, ar¬ 
rangement on .. 5 8 

omitted, how supplied. 126 

selection of . 124 

what may not be used.124 

See also Ballots; Conventions; 
Nomination; Voting Ma¬ 
chines. 


Employees: 

voting, time allowed for. 365 

Enrollment: 

certificate of, to be given to 

voter. 21 

certification and secrecy of.. 12 
where personal registration 

not required . 13 

certified transcript to be evi¬ 
dence of enrollment. 21 

completion of. 14 

correction, when person not 
in sympathy with party.. 24 
when wrong party inad¬ 
vertently designated.14-a 

declaration, what to contain 14 
election law, certain articles 

\applicable to method. 2 

enrollment books, to be public 

records . 21 

sealing and disposition.... 13 
failure to enroll, not to affect 
right to register for election 21 

fees for transcript of. 21 

independent body becoming a 

new political party. 15 

enrollment blanks, descrip¬ 
tion of. 15 

statement to be made. 15 

judicial review in case of 
death, false entry, removal, 

etc. 23 

certification of correction 
by custodian of primary 

records . 23 

correction when person not 
in sympathy with party. 24 

entry corrected after. 23 

entry stricken out after.... 23 

new political party. 15 

manner of. 16 

party affiliation, when not to 

be changed. 19 

primary election, voter not to 
cast ballot of party he is 

not enrolled with. 80 

process of .. 10 

publication of, when new 

party formed. 22 

right of voter to enroll at pri¬ 
maries . 19 

special upon becoming of age 14-b 

time of completion. 14 

transcript, certified and de¬ 
livered to chairman of 

party . 16 

to be published.. 22 

when to be made. 21 

violation of provisions rela¬ 
tive to, a misdemeanor; 

penalty . 93 

when voter not deemed en¬ 
rolled . 14 

See also Custodian of Pri¬ 
mary Records; Inspectors; 
Primaries; Registration. 


Enrollment blanks: 

additional copy furnished to 

voter . 15 

furnished to others at fixed 

price . 15 

delivery of, where personal 

registration required . 8 

where personal registration 

not required .. 9 

deposited in enrollment box 10 

description of .. 7 

distributed in enrollment en¬ 
velopes ..... 7 


Enrollment Blanks—Continued 


Section 


Enrollment 


Boxes—Continued Section 


enrollment number to corre¬ 
spond with number on en¬ 
velope . 7 

false or misleading statement 184 
filed for one year from first 

Tuesday in June. 15 

filled out by voters who are 
registered but not enrolled 15 

how marked . 10 

inspectors to fill out. 8 

where personal registra¬ 
tion not required . 9 

new political party, blanks 

public records . 15 

description of . 15 

emblems appearing on .. . 15 

number of . 7 

number of sets given to voter 8 
where personal registration 

not required . 9 

number on second set to be 

entered . 8 

where personal registration 

not required . 9 

party emblems, arrangment 

on . 7 

prepared and distributed by 
custodian of primary 

records . 7 

printed matter on face of. ... . 7 

public records. 21 

time to be kept on file. 21 

voter’s name to be entered by 

inspectors . 8 

where personal registration 
not required . 9 

Enrollment books: 

certified copy, to be made by 
custodian of primary 

records . 16 

to be used at unofficial pri¬ 
mary . 17 

custodian of primary records 

to prepare . 4 

declarations to be attached.. 12 

delivered to inspectors. 4 

to town clerks. 4 

description of. 5 

by columns . 5 

enrollment number entered 

in . 8 

where personal registration 

not required . 9 

entries made, by inspectors.. 10 
for personal registration. .. 8 

when voter declines to 

enroll . 10 

where personal registration 

not required. 9 

fees for transcript from. 21 

form of transcript. 16 

kept on file by custodian of 

primary records . 88 

number . 4 

paid for .•. 73 

party designated by voter on 
enrollment blank entered in 14 
poll-books compared with.. 78 

public records . 21 

registration, how cared for 

after . 12 

how cared for during..... 12 
sealing and disposition of ... 12 

■where personal registration 

not required . 13 

time of delivery..... 4 

of preparation . 4 

transcript, certain entries to 

be omitted. 22 

manner of publishing. 22 

not to be made from. 12 

where personal registra¬ 
tion not required. 13 

when to be publisLed. 22 

use of original at official pri¬ 
mary . 18 

when to take effect. 18 

Enrollment boxes: 

custodian of primary records 
to have custody of ....... . 11 

to open . 14 

delivered to custodian of pri¬ 
mary records . 14 

description of . 6 

examined and sealed by in¬ 
spectors . 11 

number of .• 6 


opened by custodian of pii- 
mary records 

provided by custodian of pri¬ 
mary records..* • 

time of delivery to custodian 

of primary records. 

of opening . 


Enrollment envelopes: 

custodian of primary records 

to open . 

description of .. • • 

enrollment blanks to be dis¬ 
tributed in . 

enrollment number to corre¬ 
spond with number on 

blank ... 

inspectors to make entries on 
where personal registration 

not required . 

number of . 

number of sets given to voter 
where personal registration 

not required . .. 

prepared and distributed by 
custodian of primary 

records ... 

printed matter on .... v... . 

time of opening . 

when to be removed from 

the enrollment box . 

See also Enrollment Blanks. 


14 

7 

7 


7 

8 

9 

7 

8 

9 


7 

7 

14 

14 


Enrollment lists: 

correction of; affidavit, form 

of .14-a 

filed with custodian of 

primary records.14-a 

error in designating affilia¬ 
tion .14-a 

filed with custodian of pri¬ 
mary records . 14-a 

production of old lists.14-a 

Enrollment numbers: 

corresponding on blanks and 

envelopes . 7 

entered in enrollment and 

registration books. 8 

where personal registra¬ 
tion not required.. 9 


Erie county: 

board of canvassers, organi¬ 
zation of .430 

determinations, how made.. 438 

transmission of .439 

election records, filing of. . .. 380 
See also Boards of Elections; 
County Clerks. 


Examination: 

qualifications of election 

officers . 305 

See also Challenges. 

Expense: 

apportionment of. 318 

when voting machines are 
used. 318 

Fall primary: 

record in enrollment book.. 5 
seventh Tuesday before elec¬ 
tion day, subd. 4. 3 

See also Election Day; Pri¬ 
maries. 

Fees: 

election officers and others.. 319 
transcript from enrollment.. 21 


Felony: 

absent voters, false informa¬ 
tion relative to. 501 

aid to state superintendents 
or deputies, hindering or 

delaying. 476 

application for registration 
altered, mutilated or de¬ 
stroyed .184 

ballot, wilful defacement of.. 371 
list of residents of hotels and 
lodging houses, false state- 

_ ment as to. 484 

mutilation of public copy of 

registration . 184 

of signed challenge affi- 
^ davits . 1S4 





































































































































Eagle Library—THE ELECTION LAW OF THE STATE OF NEW YORK 


83 T 


Felony —Continued Section 

person convicted of, when (f 
prohibited from voting... 175 
state superintendents or 
deputies, false statement to 478 

refusal to assist. 476 

unlawful use of pasters. 137 

voting machines, interference 
with ... .... 417 

Fines: 

See Penalties. 


Fire department: 

reports to state superinten¬ 
dents of elections.. 48 3 

Flag: 


American, displayed in each 


polling place.„.... 300-a 

Forms: 

challenge . 72 

designation of candidates by 
petition for election to 

party position . 48 

for party nomination...... 48 

inspectors, blanks for....... 334 

for primary elections. 79 

Fraud: 

new primary or convention 
ordered because of . 56 


Fraudulent or forged names: 

See Certificates of Nomina¬ 
tion. 

Furniture: 

polling places, expense of pro¬ 
viding . 318 

General committee: 

•tatement of conventions 
certified and delivered to 
custodian of primary 
records by chairman of. ... 75 

/ See also Committees. 

General election: 

records and appliances, cus¬ 
tody of . 20 6 

' Tuesday succeeding first 

Monday in November, 

subd. 1 . 3 

See also Election Day; Elec¬ 
tions. 

German language: 

daily newspaper for publica¬ 


tion of registration and 
polling places. 301 

Governor: 

party vote for, subd. 8 . 3 

proclamation of special elec¬ 
tion made by. 292 

soldiers and sailors’ elections, 
documents forwarded to. ,. 511 
state superintendents of elec- j 

tions to report to. 488 

statements of canvass sent to 439 


Guard-rail: 

ballot boxes kept within.... 83 
candidate may be within dur¬ 
ing canvass. 83 

expenso of providing.,..318 

at primary elections. 79 

persons admitted within. 351 

at primary elections. 8 3 

polling places arranged with¬ 
in . 317 

provided for polling places... 30 0 
at primary elections...... 79 

state superintendents of elec¬ 
tions and deputies admitted 

within . 479 

voted ballots kept within, ... 83 

voting machine located with- 


Health department: 

reports to state superlnten- 
( dents of elections .48 3 

Holiday* 

registration day not to be 
deemed *» 166 


Hotels: Section 

affidavit, when liquor licenses 

are held..... 481 

lists of residents to be fur¬ 
nished . 484 

register to be kept by.480 

reports to state superinten¬ 
dents of elections ... ... 480 

Identification statements: 

questions .155 

See also Registration. 

Illiteracy: 

See Voters. 


Independent body: 

defined, subd. 3 

enrollment for new political 

party . 15 

time for making such en¬ 
rollment . 15 

independent candidate or 
nominee selected by, subd. 

18 . 3 

polling less than 10,000 votes 
at last election for gov¬ 
ernor, subd. 14. 3 

See also Petition. 

Independent candidate: 

term defined, subd. 18 . 3 

See also Candidates. 

Independent nomination: 

certificate of . 122 

time of filing. 128 

county officers, number of 
signatures required on 

certificate . 122 

declination of, time of filing. . 133 

defined, subd. 16 . 3 

how made . 122 

borough or county office, 
number of signatures re¬ 
quired on certificate . 122 

number of voters required for 122 
per cent, of votes necessary 

for . 122 

state offices, number of signa¬ 
tures required on certificate 122 

term defined, subd. 16. 3 

See also Nomination; Peti¬ 
tion. 

Independent nominee: 

term defined, subd. 18. 3 

See also Candidates; Nomina¬ 
tion. 


Inspectors: 

appointment of, in towns. ... 311 
ballot boxes examined by. , 84 

ballots and stationery, distri¬ 
bution of .. 343 

public inspection of ...... 342 

blank forms for. 334 

blank tally sheets and state¬ 
ments of result furnished 
by custodian of primary 

records . 79 

boards, determination of ma¬ 
jority to decide. 314 

meetings to be public. .... 315 

organization of. 314 

canvass, soldiers and sailors’ 

vote . 514 

when voting machines are 

used ..413 

card lists to registered voters 

to be made ..485 

certificate to appear on state¬ 
ment of result sheet. 79 

certificates of service, chair¬ 
man of board to furnish. . , 309 

certification of register. . . , ., 17 6 

challenge affidavits, declara¬ 
tion as to 168 

disposition of ... . . 172 

challenges, duty in relation to 3 61 
entry requiring, to be made 173 
changed election districts, ap¬ 
pointment for . 297 

compensation of .. 319 


custody and filing of registers 
in cities of the first class., 178 
declaration as to registration 12 
duplicate declarations at¬ 
tached to original enroll¬ 
ment books 12 


Inspectors—Continued Section 

duty to challenge doubtful 

persons... — ... 361 

enrollment blanks to be filled 

out by .......... 8 

where personal registra¬ 
tion not required ...... 9 

enrollment books and records, 

care of „ ___ ^ .. .. ... .. 12 

enrollment books, duplicate 
declarations attached to... 13 

entries in, made by.. 10 

transcript not to be made 

by .. ~ 13 

when to be delivered to... 4 

enrollment boxes, examined 

and sealed by . 11 

delivered to custodian of 

primary records . 14 

enrollment envelopes to be 

filled out by . 8 

where personal registration 

not required . 9 

enrollment number entered 

by .. 8 

where personal registration 
not required ... .. — ..... 9 

general duties ............. 353 

instructions for guidance of.. 70 
judicial proceedings because 
of action or neglect of.-.. 56 

manner of voting. 359 

meetings for registration 

held by. 150 

method of counting ballots.. 368 

name and address of voter 
registering personally en¬ 
tered by ... ... -.... ..... ... ... 8 

where personal registration 
not required . _.| 9 


names placed on register by. 159 
number and qualifications of- 302 
original enrollment books de¬ 
livered to, for official pri¬ 
mary elections .. .... .. _. 18 

original statement of canvass 
to be made and signed by 378 
certified copies of ......... 373 

papers and records relating to 
election delivery and filing 
of .. ......... 377 

pasters delivered to 137 

received and receipted for 

by .. 52 

polls, arrangement of 850 

equipment of._ 800 

preliminary oath when chal¬ 
lenging .. 363 

preservation of order by ...» 315 
previous registers and poll- 
books delivered to.,,..., 183 
procedure, when second en¬ 
rollment blank given to 

voter 8 

where personal registra¬ 
tion not required ,,,,,, 9 

public canvass by 366 

receipts to be given by.. 343 

record of persons challenged 364 

register, custody of.177 

registration, duties at close of 

each day 12 

outside of cities and villages 

of 5,000 inhabitants.159 

return sheets, expense of pro¬ 
viding 318 

statement of pasters used by, 52 
statements of canvass de¬ 
livered to police 372 

delivered to, to be sealed,, 376 
transcript not to be made 
from enrollment books ,,, 12 

unofficial ballots, when to be 

used , ... 345 

vacancies, filled at soldiers 
and sailor’ elections 519 

vacancies and absences, how 

supplied ., »•» t ** * . m 313 

voting machines, counters 
examined by 401? 

instructions concerning rT , 401 
See also Canvass; Challenges 
Election Districts; Election 
Officers; Primaries; Pri¬ 
mary Inspectors; Registra¬ 
tion; Soldiers and Sailors’ 
Elections; Volin* .Maciiiaas, 

























































































f 


84 


E*gle Library—THE ELECTION LAW OF THE STATE OF NEW YORK 


Institutions Section 

residence of person 16 a 

Instruction cards: 

expense of providing.... ....... 318 

supplied for each polling 

place .. 333 

See also Stationery; Supplies. 

Instructions for election officers: 
general powers and duties..< 

Instruction to voters: 

printed on stub of-official pri¬ 
mary ballot ............... 33 

special for year 1914........ 182-a 

Intent of voters: 

at primary elections 86 

Irregular ballots; 

See Ballots; "Voting Machines. 

Jewish language: 

daily newspaper for publica¬ 
tion of registration and 
polling places _........... 301 


Judicial review: 

action of custodian of pri¬ 
mary records or secretary 

of state .. 86 

action or neglect of certain 

officers ..... _. .... ..... .. 66 

method of procedure.. 66 

new convention ordered by... 66 

new primary ordered by.... 66 


secretary of state certifies to 
change caused by............. 66 

time of ......66 

See also Courts. 

Jury duty: 

election officers exempt from.. 309 

Kings county: 

See Boards of Elections; New 
York City. 

Landlords: 

lists of; residents to be fur¬ 
nished by .... ........ . ... 484 

i reports by __. . .. 480 

filing of _.. .... 482 

Lien: 

penalty-for failure to furnish 
correct list of residents.... 484 

Liquor: 

not to be sold at places of 
registry and voting . 299 

Liquor licenses: 

hotel keepers, holding, affi¬ 
davits furnished by........ 481 

Uffiior traffic: 

chief of police and heads of 
departments, reports by... 483 

forfeiture of license. 481 

See also Hotels; Landlords. 

Lists: 

candidates, sent to and posted 
' by town clerks and alder- 


t men. 131 

registry, preparation and dis¬ 
tribution of... 157 

lodging-bouses: 

lists of residents to be fur- 

- nished . 484 

c register to be kept by. 480 

J reports to state superinten¬ 
dents of elections. 480 


See also Hotels; Landlords. 

Manhattan? 

'See New York City. 

M^ps: 

boundaries of election dis- 

, trlcts ....____ 298 

posting of ... ......... 298 

JSaprked ballots: 

k Ballots. . , . __ 


Meetings for registration: Section 

See Registration. 

Metropolitan elections district: 

superintendent of elections, 
powers extended to pri¬ 
maries .489 

See also New York City; State 
Superintendents of Elec¬ 
tions. 

Militia: 

See Soldiers and Sailors’ 
Elections. 

Misdemeanor: 

affidavit of hotel keeper when 
liquor license is held, fail¬ 
ure to make ............. 481 

conventions, violation of pro¬ 
visions relative to.. 93 

designation of candidates, vio¬ 
lation of provisions rela¬ 
tive to .. 93 

enrollment, violation of pro¬ 
visions relative to ............ 93 

false certificate, making of.. 309 
false or misleading statement 

on enrollment blanks ....... 181 

Information, neglect or re¬ 
fusal to furnish............ 475 

list of residents of hotels and 
lodging-houses, failure to 

furnish ..... 484 

party' organization, violation 
of provisions relative to. . .. 93 

primary elections, violations 
of provisions relative to 


conduct of .. 93 

reports as to inmates by 
keepers of lodging-houses 
and hotels, violation of pro¬ 
visions ... 480 

subpoenas issued by state 
superintendents of elec¬ 


tions, refusal to- obey. . ..... 477 

Monroe county: 

See Boards of Elections. 

Names: 

added and erased on register 153 

conflict in emblems or. 125 

See also Emblems; Party 
Names. 

National conventions: 

delegates chosen in manner 
prescribed by rules and 

regulations . 53 

See also Conventions; Dele¬ 
gates. 

Naturalization: 

papers to be produced....... 174 

Navy: 

See Soldiers and Sailors’ 
Elections. 


New York city: 

ballots and stationery, how 

supplied . 341 

board of elections established 190 
appointment and qualifica¬ 
tions of . 191 

certified copy of statement 
of county canvassers de¬ 
livered to .439 

expenses incurred by.318 

how paid .. 200 

general office and branches 19 8 
statements and determina¬ 
tions filed with. 440 

boundaries.p. 92-98 

canvassers, board of, organi¬ 
zation and duties of. 440 

statements and determina¬ 
tions by.440 


certificates of nomination 
filed with boards of elec¬ 
tions of city and county.. . 127 
commissioners of elections.. 191 
recommendations for ap¬ 


pointment of. 194 

county boards of canvassers, 

organizations of .430 

custody of registers after 

election . 180 

election districts, creation, 
division, and alteration of.. 296 


New York City—Continued Section 
election expense chargeable 

* to . 318 

election officers, board of 

elections to appoint.. 303 

compensation of ........ 

party lists to be authenti¬ 
cated ...... 

party selection of ......... 306 

filing of election records in. . 378 
newspapers, what to contain 301 

selection of ..301 

places for registry and voting, 

designation of . 29 9 

registers and unused ballots, 

disposition of .. 201 

registration and polling 
places, publication of list. . 301 
vacancies in board of elec¬ 
tions, how filled.. 135 

voting machines, adoption of 39 3 
See also Boards of Elections; 
Custodian of Primary Rec- j 
ords; Registration; State 1 
Superintendents of Elec¬ 
tions. 


. 319 


304 


New- York county: 

certificates of nonynation 
filed with board of elec¬ 
tions .... 127 

Statement of canvass, when 
not to include certain 

offices, subd. 3. 437 

See also Boards of Elections; 
Counties. 


Newspapers: 

designated by secretary of 
state to publish official 

notices .. 29 5 

evening edition, when lists to 

be published . 301 

New York city, publication of 

lists. 301 

nominations, designated to 

publish list of . 130 

printed in foreign language... 301 
registration and polling 
places, publication of lists 
and boundaries of . . .301 
selection of, how made.. ..... 301 
support of candidates by.... 301 
See also City Record; Con¬ 
current Resolutions; Con¬ 
stitutional Amendments; 
Notices; Publication; Regis¬ 
tration. 


Nomination: 

certificate to fill vacancy in, 

how filed. 135 

what to contain.135 

certification of, by secretary 

of state . 129 

county clerks or ooards to file 
lists with secretary of state 50 6 

declination . 133 

notices sent . 133 

when to be filed with sec¬ 
retary of state.133 

election law, certain articles 

applicable to . 2 

Independent, certificates of 
nomination, how made.... 123 
per cent of votes necessary 

for . 122 

term defined, subd. 9...,. 3 

lists, expense of printing.... 318 
new, time and manner of 
filing . 136 


New York city, how published 130 
party, emblems, selection of 124 
term term defined, subd. 9 3 

party funds restricted in use 


for primary purposes.... 562 

publication of . 130 

in certain n&wspapers..... 130 

time of . 130 

what to contain. 130 

town, posting of ..132 

vacancies in, how caused.... 135 

how filled. 135 

village, posting of. 132 


See also Candidates; Certifi¬ 
cates of Nomination; Com¬ 
mittees; Conventions; Em¬ 
blems; Independent Nomi- 
natiop,; Party Nomination, 













































































Eagle Library—THE ELECTION LAW OF THE STATEOF NEW'YORK 


85 




Notices: Section 

election, published by custo¬ 
dian of primary records... 293 
transmitted to custodian of 
primary records by sec¬ 
retary of state. 29 3 

proposed constitutional 

amendment, submission of 294 
propositions submitted, how 

transmitted . 294 

published or posted by cus¬ 
todian of primary records.. 205 
questions submitted, how 

transmitted . 294 

See also Committees; Pri¬ 
maries; Secretary of State. 

Oath: 

additional, when challenging. 363 
administered pursuant to pri¬ 
mary law . 94 

ballot clerk . 312 

chairman of county board of 

canvassers . 430 

election officers.307 

failure to take and subscribe, 

penalty for . 310 

false, before board of in¬ 
spectors . 184 

general, when challenging. . 363 
Illiterate and disabled voters 164 
official envelopes for war bal¬ 
lots to contain oath of 

elector. 604 

party certificates of nomina¬ 
tion to contain certificate of 

administration of. 121 

poll-books for absent voters 

to contain . 502 

poll clerk . 312 

preliminary, when challeng¬ 
ing . 362 

state superintendents of elec¬ 
tions and deputies author¬ 
ized to administer . 478 

taken by primary election 

officers, subd. 2. 70 

See also Challenges; Election 
Officers; Primaries. 

Objections: 

See Certificates of Nomina¬ 
tion. 

Officers: 

compensation .318 

See also Election Officers. 

Official ballots: 

See Ballots; Primary Ballots. 

Official primary: 

term defined, subd. 2 . 3 

See also Primaries. 

Official primary ballots: 

See Primary Ballots. 

Official primary ballots: 

See Primaries. 

Onondaga county: 

See Boards of Elections. 

Order: 

preservation of, by insoectors 315 

Organizations 
See Party. 

Organization of conventions: 

See Conventions. 

Party: 

announced at primary elec¬ 
tions . 80 

color of official primary 
ballot, designated by secre¬ 
tary of state. 58 

separate for each party... 58 
committee defined, subd. 13. , 3 

convention defined, subd. 13. 3 

custodian of primary records 
to prepare ballots........ 79 

election officers, selection of.. 30 6 
enrollment, correction of 
error in affiliation. ....... 14-a 

entered in enrollment book. 14 
funds not to be used for pri¬ 
mary purposes .. 563 


Party—Continued Section 

new, existing committees 

* continued .. .... 55 

manner of enrollment for. . 15 

publication of enrollment of 22 
organization casting at least 
10,000 votes for governor, 

subd. 8 .. 3 

poll-book for each, for pri¬ 
mary election ........... 78 

polling places assigned to, by 
custodian of primary 

records . 74 

party candidate or nominee 

selected by, subd. 17. 3 

person not in sympathy with, 
correction of enrollment.. 24 
presidential electors nomi¬ 
nated by state committee.. 54 

rules and regulations to gov¬ 
ern election of delegates to 

national convention. 53 

violation of provisions rela¬ 
tive to organization a mis¬ 
demeanor; penalty . 93 

See also Ballots; Committees; 
Conventions; Nomination. 

Party candidate: 

term defined, subd. 17 .. .. 3 

feee also Candidates. 

Party committees: 

additional, provided for by 
party rules and regulations 35 
to fill vacancies appointed 

by . 52 

election of members may be 
reviewed by summary pro¬ 
ceedings before supreme 

court . 41 

election law, certain articles 
applicable to method of 

electing members . 2 

to organization and con¬ 
duct of . 2 

file certificates of officers with 
secretary of state and board 
of elections within three 

days after organizing. 40 

judicial proceedings, because 
of action or neglect of. ... 56 

manner of filing designations 

by, subd. 2 . . •. 49 

necessary subcommittees ap¬ 
pointed by. 39 

organize and elect officers 
within ten days after elec¬ 
tion . 40 

powers of present. 55 

removal of member. 42 

may be reviewed in a sum¬ 
mary proceeding before 

supreme court . 41 

rules for government of party 
and conduct of official pri¬ 
maries to be prepared by. . 40 

state . 36 

subcommittees and executive 
and campaign committees. 39 
time of filing designation by 

petition, subd. 2 . 49 

See also Candidates; Com¬ 
mittees, 

Party conventions: 

election law, certain articles 
applicable to election of 
delegates and alternates.. 2 
to organization and con¬ 
duct of , .. 2 

See also Conventions. 

Party emblems: 

See Emblems. 

Party funds: 

used for certain primary pur¬ 
poses only 562 

Party government: 

rules and regulations, filed 
with custodian of primary- 
records ... . . .......... 

how amended ”. . .......... 40 

Party lists: 

authentication of . 304 


Party nominee: Section 

term defined, subd.-17.a 3 


Party organization: 
article 3 . 


•: : r*’nn i p 


W i jil-# i 


13 


Party position* 

designated by petition^.... 46 
certificate of election to, de¬ 
livered to candidate by 
custodian of primary 

records. ..... ... 89 

designation for, violation of 
provisions relative to, a 
misdemeanor; penalty .... 93 

election to, canvass by cus¬ 
todian of primary records.. 89 
canvass by secretary of 

state. 89 

form for designation of can¬ 
didates by petition. 48 

membership in party com¬ 
mittee, subd. 12 .• 3 

nominations and elections for, 
made at primary elections; 

exceptions . 45 

number of candidates desig¬ 
nated by petition by en¬ 
rolled voters. 43 

number of enrolled voters to 
sign petition .. .. 48 

Party ticket: ' 

name of person declining 
designation not to be 

printed on . 50 

See also Ballots; Candidates. 

Pasters: f r 

affixed to ballot....53 

Certified to . 53 

by officers or board fur¬ 
nishing . 137 

custodian of primary' records, 

when furnished by. 62 

description of . 137 

primary- elections. 52 

number ..... 137 

for primary elections..... 52 
receipted for by inspectors of 

elections . 52 

used, at soldiers and sailors’ 

elections .. 510 

in case of death of candi¬ 
date . 137 

other than official, a felony 137 

Payments to political committees: 

See Campaign Contributions. 

Penal law: 

application of . 417 

soldiers and sailors' elections, 
provisions to apply- to...... 518 

Penalties: 

application for registration 
altered, destroyed or mu¬ 
tilated . r ... 184 

election officer, failure to take 

oath . 310 

failure to deliver register and 

other documents .. 310 

false or misleading enroll¬ 
ment blank 184 

felony, mutilation of public 
copy of registration deemed 1S4 
mutilation of signed chal¬ 
lenge affidavit . . . ..184 

perjury, when applicant for 
registration deemed guiltv 

of ........... .. ' 184 

violation of provisions of 
certain articles 93 

See also Felony-; Misde¬ 
meanor; Perjury, 

Perjury: 

false oath before board of in¬ 
spectors ... 184 

See also Oath; ^Penalties. 

Personal expenses: 

term defined ...... . . 54S 

See also Campaign Expenses, 























































































86 




Ea^eTfery—THE ELECTION LAW OF THE "STATE OF NEWTORK 


petition: Section 

bound together for same can¬ 
didate and same office.-... 48 

^ for party nomination to be 
Gji | made at primaries desig¬ 
nated by 45 

number of voters required 

' for .. ...- ..... 48 

designation of candidates, for 
election to party position, 
made for one or more 

officers... 48 

for party nomination, made 
for one or more officers 48 

for party nomination or 
election to party position, 


how signed ............ 48 

form for designation for elec¬ 
tion to a party position... 48 
for party nomination——. 48 
Judicial proceedings by. . — . 56 

nomination by independent 

bodies, subd. 14 .. 3 

number of candidates desig¬ 
nated by petition for party 
nomination and election to 
party position by enrolled 

voters .. 48 

review of election of member 

of party committee. 41 

time for filing designations 

by, subd. 2 .. 49 

See also Independent Nomi¬ 
nation; Nomination. 


Placards: 

description and location of.. 79 
not allowed in or near polling 
place .......... . ....... . — — 84 

Place of primaries: 

restrictions as to 7 6 

See also Primaries. 

Places for registration: 

list published in evening- 

newspapers .. 301 

See also Newspapers; Polling 
Places; Registration. 

Police i 

challenge affidavits investi¬ 
gated by ..170 

duty to aid board of elections 199 
false registration investigated 157 
registers, filing of ............ 178 

state superintendents of 
elections to receive reports 
from 483 

statement of canvass to be de¬ 
livered to . ..3 72 

vrhen -deemed publio officers.. 476 


Political banners? 

pot allowed In -or inear polling 
place T'nt-Jr*nr-* 84 

Political committees? 

blank forms for -Statements 
provided by secretary of 

state . .. 549 

campaign contributions not 
made through, statement of 541 
campaign receipts and pay¬ 
ments, statement to be 
made 646 

default in' filing’ statement, 
appeals 556 

contempt proceedings 550 

maintained by whom,,. 551 
preference over other 
causes —............ 555 

subpoenas 557 

summary, proceedings to 
be ,. T ,,,. 554 

time within which proceed¬ 
ings must be brought. . . 553 


undertaking for costs. 552 

witnesses.personal privilege 
of , — 558 

term defined 540 

treasurer, powers and duties 
of ....—543 
treasurer or’ candidate, ac¬ 
counting to 544 

See also Committees; Cor¬ 
rupt Practices; Courts; 
Statements 


Political Committees—Continued 

Section 

judicial proceedings, because 
of action or neglect of.. . . 56 

See also Conventions; Courts. 


Political parties: 

election officers divided be¬ 
tween ..............302 

new, manner of enrollment 

of.-.* 15 

voting machines, representa¬ 
tives to examine .......... 400 

requirements of .......... 392 

See also Enrollment; Party; 
Primaries. 


Poll-books: 

absent voters, secretary of 
state to prepare for...... 502 

boards of elections, filed with 204 
compared with enrollment 

book .. 78 

delivered to inspectors..,..— 183 

description .. 78 

entries, how made .. — ...... 78 

if ballot returned...78 
if voter assisted.......... 78 

if voter challenged... 78 

number on stub of ballot.. 78 
expense of providing..,.,.. 318 
filing and delivery of........ 377 

form of .. 355 

paid for by whom.......... 79 

poll clerk to have.......... 78 

provided by whom. 79 

registers compared with.... 367 
supplied to each polling place 333 
See also Soldiers and Sailors’ 
Elections; Stationery; Sup¬ 
plies. 


Poll clerks: 

appointed in towns......... 312 

compensation of .......... 319 

general duties of .......... . 355 

method of counting ballots.. 3 69 
names of persons serving as, 

to be furnished. 309 

number and qualifications of. 302 
vacancies and absences, how 

supplied . 313 

See also Election Officers; 
Primary Poll Clerks. 


Poling places: 

American flag to be dis- 


attendance and duties at. . . . 479 
designated and provided by 

certain officers . 74 

provided by whom. 79 

electioneering not allowed in 

or near . 84 

equipment of. 300 

evening newspapers publish 

list of . 301 

expenses of providing. 318 

guard-rails within . 317 

instruction cards, expense of 

providing . 318 

newspapers selected to pub¬ 
lish list of . 301 

number, in primary district. 74 

for unofficial primary elec¬ 
tion . , ... . 92 

official ballots, number to be 

supplied for . . ..340 

paid for by whom.. 79 

political banners, posters and 
placards not allowed in or 

near .84 

publication of list .. 301 

same as for preceding gen¬ 
eral election whenever 

posible . 74 

stationery and supplies for. . 333 

voting booths in... 317 

voting machines transferred 
to . 400 


See also Ballot Boxes; Bal¬ 
lots; Elections; Voting Ma¬ 
chines, 

Polls: 

ballot clerks, general duties 


of . 354 

ballots delivered to voters... 35 6 

challengers, number of. 352 

electioneering not permitted 
at or near . 352 


Polls—C o nt i nu e d 


Section 


furniture for, expense of pro¬ 
viding .... 

guard-rail, when voting ma¬ 
chines are used . • 

inspectors, general duties of. 

opening . 

opening and closing, time of 
political banner, poster or 
placard not allowed in... . 
poll clerks, general duties of., 
proclamation of opening of. . 
soldiers and sailors’ elections, 

opening of ..- — 

organization of 

where to be opened.- 

state superintendents of elec¬ 
tions, attendance at. 

voting machines, location of.. 

preparation of ... 

watchers, how appointed.... 
See also Canvass; Elections; 
Voting Machines. 


318 

409 

353 

350 

291 

352 

355 

350 

508 

509 
507 

479 

409 

407 

352 


Posters: 

not allowed in. or near polling 
place 


84 


President of United States: 

electors for, how chosen. 64 

See also Presidential Electors. 


Presidential electors: 

ballot for, on voting machines 39 2 
certified to secretary of state 54 
compensation of ........... 457 

elected at large . 54 

electoral college, meeting and 

organization of. 452 

generally. 461-457 

how and when chosen. 451 

irregular ballot for, how cast 
on voting machine,. ....... 40 8 

lists, how forwarded..466 

messenger, appointment of.. 455 
nominated by state commitee 64 
one for each congressional 

district . 54 

two at large. 54 

secretary of state to furnish 

lists of . .453 

statement of county can¬ 
vassers .. 437 

vote of, how cast. 454 

See also Electoral College. 


Primaries: 

ballots not supplied or sup¬ 
ply exhausted; unofficial.. 81 
campaign payments not made 
through political com¬ 
mittee 541 

certificate of designation, 

time for transmitting. 51 

challengers . 84 

condition of, violation of pro¬ 
visions relative to, a mis¬ 
demeanor; penalty . 9 3 

committees elected at.. 37 

deputy superintendent of 
elections, attendance re¬ 
stricted . 489 

election to party committee, 

subd. 2 .. 3 

electioneering at .. 84 

enrollment when new party 

formed .. 15 

expenses of, by whom paid.. 73 
how raised when amount 

not provided . 73 

to be included in tax. 73 

fall, time of holding, subd. 4 3 

new, ordered by judicial re¬ 
view . 56 

nomination of party candi¬ 
dates, subd. 2 .. 3 

notice of, matter contained in 75 
prepared and published by 
custodian of primary 

records . 75 

time of publishing. 75 

where published ........ 75 

official, challenges at . 72 

primary ballots provided 

for . 58 

term defined, subd. 2 . 3 

use of original enrollment 

books at .. 18 

party funds not to be used 
for purposes of.. . ,, 543 






























































































Eagle Library—THE ELECTION LAW OF THE STATE OF NEW YORK 


87 


Primaries—Continued Section 


party nomination for candi¬ 
dates for public office, to be 

made by, subd. 1 .. 45 

personal expenses defined.... 542 
place of, restrictions as to... 76 

political committee defined.. 540 
powers of state superinten¬ 
dent of elections extended 

to . 489 

qualifications of voters at. . .. 71 

record in enrollment book.. 5 
records and appliances, cus¬ 
tody of . 206 

restrictions as to place of. . . . 76 

right to enroll and vote. 19 

spring, time of holding, subd. 

5 3 

time for holding, subd. 5. . . . 70 

in presidential year, subd. 

5 . 70 

open for voting, subd. 3. . .. 70 

unofficial, certified copy of 
enrollment book to be used 

at . 17 

chairman, administers oath 92 

decides questions . 92 

rejects votes . 9 2 

expenses, how to be paid. 92 
notice calling attention to, 

posted .• 9 2 

how given . 92 

number of polling places.. 92 

officers of . 92 

place to be held. 92 

restrictions as to place of 

holding . 92 

rules and regulations of 

party to govern. 92 

secretary and tellers to ex¬ 
amine ballot boxes. 92 

secretary to announce vote 
and result of canvass... 92 

term defined, subd. 2. 3 

voter must be enrolled, to 

take part in. 17 

watchers appointed for. ... 92 

unofficial ballots, when to be 

used . 81 

voter not to cast ballot of 
party he is not enrolled 

with . 80 

watchers . 84 

See also Candidates; Com¬ 
mittees; Custodian of Pri¬ 
mary Records; Election 
Officers; Registration. 


Primary ballots: 

additional, how obtained.... 82 
announcement of party name 80 
canvass made by primary in¬ 
spectors . 85 

certificate of party nomina¬ 
tion entitles candidate to 

place on . 89 

color, separate for each party 58 
designated by secretary of 

state . 58 

columns, arrangement of.... 58 

delivery . 80 

voter to have ballot of 

party enrolled with. 80 

description . 58 

destroyed, when to be. 88 

emblem, arrangement on.... 58 

entry in poll-book, at delivery 

of . 78 

erasure or mark other than 

cross mark . 58 

folding . 80 

found in wrong ballot box, 

not to be rejected. 85 

inspectors to determine val¬ 
idity of ballots and confor¬ 
mity to law. 85 

instructions relative to. 58 

for straight ticket. 82 

with pencil having black 

lead . 82 

name of candidate not to ap¬ 
pear more than once. 58 

of person declining desig¬ 
nation not to be printed 


names, words, signs or writ¬ 
ing, not to appear, except. 58 
no other to be used, except. . 58 

number compared with that 


Primary ballots—Continued Section 

in enrollment book . 85 

on stub compared with that 

in poll-book . 78 

numbers to be consecutive.. 58 

pasters affixed to . 52 

preparation of, by voter. ... 82 

prepared, printed, supplied 
for official primary elec¬ 
tions . 58 

protested as marked for 

identification . 85 

vote to be counted. 8 5 

protested and void, how filed.. 8 5 

statement filed . 85 

quantity, weight and style of 

printing . 58 

rules for marking. 58 

separated from stub by per¬ 
foration . 58 

stub, description of. 58 

indorsement on back of . . 58 

supply exhausted, unofficial 

ballots provided. 81 

not provided, use of unoffi¬ 
cial . 81 

titles of offices and party posi¬ 
tions, location of . 58 

name of candidate, how 

printed . 58 

unlawful defacement or 
wrongful marking of .... 82 

void, no vote counted on.... 58 

reason for rejection written 

on back . 85 

void and protested, how filed 85 
voted ballots kept within 

guard-rail .• 8 3 

voting, manner of. 80 

voting spaces, where to ap¬ 
pear . 58 

unofficial, form of. 81 

when to be used. 81 

See also Ballots, Custodian of 
Primary Records; Inspect¬ 
ors; Voting Machines. 


Primary days: 

fall, seventh Tuesday before 

election, subd. 4. 3 

Official primary to be held on, 

subd. 3 . 8 

spring, last Tuesday in March 
in presidential year, subd. 5 3 

Primary districts: 

board of primary election of¬ 
ficers for certain. 74 

description . 74 

election officials to be officers 

for, subd. 1 .. • • 70 

number of election districts 


time of division into. 74 

two polling places in each.. 74 
voting machines, appointment 
of ballot clerks, how made 74 
ward or assembly districts in 
city or village of 5,000 di¬ 
vided into .. 74 

Primary election inspectors: 

See Inspectors; Primary In¬ 
spectors. 


Primary inspectors: 

appoint ballot clerks for cer¬ 
tain districts . 74 

ballots, protested by. 8 5 

marked as protested. 8 5 

void, marked by. 8 5 

when destroyed. 85 

canvass made by. 85 

public oral proclamation of 

result made by. 87 

written statement in dupli¬ 
cate on statement of re¬ 
sult sheet. 87 

chairman of board to unfold 

ballots .•. . . 85 

qualifications of voters decid¬ 
ed by .-. 71 

questions of validity of ballots 
and conformity to law de¬ 
cided by. 85 

statement of result of canvass 
filed with custodian of pri¬ 
mary records and clerk of 

city, town or village. 87 

See also Ballots; Inspectors; 
Primaries. 


Primary officers: Section 

constitutional oath of office 

taken by, subd. 2. 70 

duties of, subd. 4. 70 

election officials to be, sued. 1 "0 

paid as for general elections 73 
as for services on registra¬ 
tion day, subd. 4. 70 

removal of, how made.. 77 

vacancies, how filled. 77 

See also Election Officers. 


Primary poll clerks: 

compare number on stub of 
ballot with that in poll- 

book .•. 78 

compare poll-books with en¬ 
rollment books . 78 

entries made in poll-book by 78 

if ballot returned. 78 

if voter assisted . 78 

of number on stub of bal¬ 
lot . 78 

when voter challenged.... 78 
poll-book for list of enrolled 

voters . 78 

See also Election Officers; 

Poll Clerks, 


Printing: 

constitutional amendments 
and other propositions. . . . 294 
expense of, how apportioned 318 
See also Newspapers; Secre¬ 


tary of State. 

Prison: 

residence of person in. 163 

Proclamation: 

special election, made by the 
governor. 292 


Proposed constitutional amendments: 

*See Concurrent Resolutions; 
Constitutional Amend- 
ments. (Proposed Constitu. p. 99) 


Propositions submitted: 

form of ballot for. 332 

notice of, how transmitted. . . 294 
publication of . ..... 295 


See also Newspapers; Print¬ 
ing; Secretary of State. 

Protested ballots: 

See Ballots; Primary Ballots. 

Public institution: 

residence of person in. 163 

Public officer: 

judicial proceedings because 
of action or neglect of.... 5 6 

See also Courts. 

Publication: 

secretary of state, designa¬ 
tion of newspapers by... 29 5 
See also Enrollment; News¬ 
papers; Notices; Printing; 
Registration; Secretary of 
State. 

Queens county: 

See Boards of Elections; 
Counties; New York City; 

State Superintendents of 
Elections. 


Questions submitted: 

ballot boxes for. 316 

ballots marked for . .. 358 

form of ballot for. 332 

notice of, how transmitted.. 294 
statement of county canvas¬ 
sers . 437 

term defined .. 420 

war ballots for, secretary of 

state to supply. 504 

See also Newspapers; Secre¬ 
tary of State. 


Receipts: 

inspectors of election to give 343 
Recount: 

when voting machines are 

used ... 4 i 8 

writ of mandamus requiring. 381 
See also Courts; Judicial Re¬ 
view. 













































































































88 


Eagle Library—THE ELECTION LAW OF THE STATE OF NEW YORK 


Register: 


Section 


absent voters, prepared by 

secretary of state.• 501 

adding and erasing names.. 153 
application, when made... 153 
arrangement of columns. ... 155 
card list of registered voters 

to be kept ..-. 4 ^5 

certification of .. I " 6 

certified copy for new elec¬ 
tion district. 183 

changes in, certifying. 1*9 

custody and filing of. 118 

after election. 180 

disposition of, in New York 


city 


201 


filing of .. 377 

form of.. 1^5 

lodging-house and hotel 

keepers to keep . 480 

poll-books compared with.. 367 

previous, delivered to inspect¬ 
ors . 183 

public copy of registration^ ^ 

quadruplicate, to be made by 

inspectors . 154 

secretary of state to furnish 

blank books for .. 182 

signature copy.* 155 

See also Registration Book. 

Registration: 

absent voters, secretary of 
state to prepare list of... . 501 
adding and erasing names on 

register .•. 153 

application for, destroyed, al¬ 
tered or mutilated, a felony 184 
blank-books furnished by 

secretary of state. 182 

card lists of registered elect¬ 
ors to be kept . 485 

certificates and instructions 
furnished by secretary of 

state . 182 

certification of register .... 176 
certifying changes in regis¬ 
ters . 1^8 

challenge affidavits, form of. 168 

to be investigated.-.. 170 

to be prepared by secretary 

of state . 157 

challenging applicants ..... 169 
change of residence within 

election district . 165 

cities, how conducted in.... 158 
days not to be deemed holi¬ 
days . 155 

designation of places for. ... 299 
elsewhere than in cities and 
villages of 5,000 inhabi¬ 
tants .. 159 

exclusion from right of suf¬ 
frage . 175 

false, investigation of. 157 

form and arrangement of.. 155 

generally, .150-184 

^identification statements . . 155 
illiterate and disabled vot&TS. 164 
inspectors, duties at close of 

each day.•. 12 

previous registers and poll- 

books delivered to. 183 

to make entry requiring 

challenges . 173 

list of places for, how pub¬ 
lished . 301 

meetings for . —. 150 

conduct of ... 152 

in villages .... 150 

number to be held. 150 

naturalization papers to be 

produced . 174 

newspapers, publication by.. 301 
other than general elections. 160 
personal, enrollment of vot¬ 
ers . 8 

certification and secrecy of 12 
delivery of enrollment 

blanks .. 8 

personal, not required, enroll¬ 
ment of voters. 9 

certification and secrecy of 13 
delivery of enrollment 

blanks. 9 

places for, designation of.... 229 

publication of list . 301 

statement of time used.... 309 

public copy of. 177 

mutilation deemed felony. 184 


Registration—Continued Section 

qualification of voters. 162 

registered voters, certifying 

number of . 181 

registers and instructions fur¬ 
nished by secretary of state 182 
registry lists, preparation and 

distribution of . 157 

residence, gaining or losing. . 163 

town elections. 161 

village elections . •.... 161 

villages, how conducted in.. 158 
voting booths provided for.. 6 

watchers at meetings. 152 

See also Challenges; Custo¬ 
dian of Primary Records; 
Enrollment; Inspectors; 
Register. 

Registration book: 

enrollment number entered 

in . 8 

where personal registration 

not required . 9 

See also Inspectors; Register. 

Registration days: 

meetings, when held. 150 

See also Registration. 

Registry lists: 

form of . . .. 157 

preparation and distribution 
of . 157 


Removal: 

election officers 


30S 


Reports: 

lodging-house and hotel 

keepers to make.. 480 

filing of. 482 

See also Boards of Elections; 

State Superintendents of 
Elections. 

Residence: 

change of, within election dis¬ 
trict . 165 

declaration of intention as to 480 
gained or lost . 163 

Result: 

proclamation of .. 375 

when voting machines are 
used . 413 

Return sheets: 

expense of providing . 318 

See also Stationery; Supplies. 

Returns: 

ballot, form of blanks for. . 3?7 

filing of... 377 

form of blanks for. 338 

original statement, what to 

contain . 373 

recanvass of, when voting 

machines are used . 416 

soldiers and sailors’ elections, 

not to be rejected. 512 

when not to be canvassed. 517 

Review: 

See Courts; Judicial Review; 
Recount. 

Revised Constitution. ...... p. 99-117 

Richmond county: 

See Boards of Elections; 
Counties; New York City. 

Rules: 

intent of electors at pri¬ 
mary elections . . •. 86 

party, when and where filed 49 

Rules and regulations: 

filed with custodian of pri¬ 
mary records of committee 
chosen by enrolled voters.. 40 

govern election of dele¬ 
gates to national conven¬ 
tion . 53 

how amended . 40 

in force until amended or 
new rules adopted .... 40 

prepared by party commit¬ 
tees .•. 40 


„ Section 

Sailors: 

See Soldiers and Sailors’ 
Elections. 


Sample ballots: 

color and general description 

of... 

expense of providing . 

furnished to any voter on ap¬ 
plication ... 

number to be provided .. • • 
provided by custodians of pri¬ 
mary records... 

provided and paid for as m 
case of general elections., 
stubs not to be numbered.. 
See also Ballots. 


79 

318 

79 

79 

79 

79 

79 


School: 

residence of person in 

School director: 

party nomination for, how 
made... 

Seal 


163 


45 


boards of elections to adopt.. 203 

Secretary of state: 

absent voters, register to be 

prepared by . ®01 

blank books, certificates and 
instructions for registration 

furnished by . 182 

campaign statements filed 

and preserved by. 548 

canvass of statement of votes 

cast . 89 

cards for lists of registered 
voters to be furnished by 485 

of election sent by. 443 

of new nomination, time of 

filing .. 136 

of nomination filed with.. 127 
time of filing with. ..... 128 
of vacancy, when filed with 52 
certified statements of result 
of election of each party 

prepared by. 89 

certification blanks furnished 

by . 181 

certification of nominations 
to board of elections by... 129 

time of making. 129 

what to contain. 129 

preparation of . 167 

change caused by judicial re¬ 
view certified by. 56 

color of official primary bal¬ 
lots designated by. 58 

disposition of envelopes and 

ballots . 513 

concurrent resolutions, pub¬ 
lication of . 29 5 

county officers, record of 

election filed . 444 

custodian of primary records, 
certificate of name, title of 
office, party and emblem 

transmitted to . 51 

declination of nomination, 
time of filing notification 

with . 133 

designations filed, stamped or 

indorsed by, subd. 2. 49 

declination, when filed with 50 
election laws, preparation and 

delivery of. 320 

election notices transmitted 

by . 293 

forms for statements of polit¬ 
ical committees provided 

by . 549 

general election, notice trans¬ 
mitted to county clerks..- 293 
special instructions to be fur¬ 
nished by for year 1914.182-a 
judicial review, actions sub¬ 
ject to. 56 

missing emblems to be sup¬ 
plied by . 126 

new nomination caused by 
death of candidate, notifi¬ 
cation of. 137 

how certified to proper of¬ 
ficers . 136 

nominations, county clerks to 

file with . . 506 

notifies custodian of primary 
records of districts affected 
of declination of candidates 50 




















































































































Eagle Library—THE ELECTION LAW OF THE STATE OF NEW YORK 


89 


Secretary of State—Continued Section 
official war ballots, poll-books 
and envelopes, delivered to 

whom . 505 

party committees to file cer¬ 
tificate of officers within 


three days after organizing 40 
presidential electors, certified 

to . 54 

list furnished by. 453 

proposed constitutional, 
amendment, notice of sub¬ 
mission of .•. 294 

publication of . 29 5 

proposition submitted, notice 

of submission . 294 

publication of . 29 5 

questions, notice of submis¬ 
sion ... 294 

registers and instructions fur¬ 
nished by. 182 

report of voting machine 
commissioners filed with.. 391 
soldiers and sailors’ elec¬ 
tions, act to be published 

by . 522 

documents forwarded to . . 511 
statement of votes cast for 
certain candidates filed by 
custodian of primary rec¬ 
ords, subd. 1. 89 

time of filing with, subd. 1 89 

statements of canvass, copies 
obtained from governor 

and comptroller . 439 

of county canvassers sent 

to . 434 

of political committees filed, 

with .•. 548 

supplies for soldiers and sail¬ 
ors’ elections furnished by 522 
treasurer of political commit¬ 
tee, statement relative to.. 543 
war ballots to be supplied by. 503 
See also Canvassers, County 
Board of; Canvassers. State 
Board of; Soldiers and Sail¬ 
ors’ Elections. 


Senator: 

special election for. 292 

United States, article 13. 

Sheriffs: 

challenge affidavits investi¬ 
gated by. 170 

sheriffs and deputy sheriffs, 
when deemed public offi¬ 
cers ..•. 476 

(Soldiers and sailors’ elections: 

ballot boxes, custody of. 509 

ballots and envelopes, dispo¬ 
sition of . 513 

canvass by county boards, 

how conducted . 515 

by inspectors of election.. 511 
statement and return 
forwarded to county 

clerk . 514 

by state board, how con¬ 
ducted .. 516 

conduct of . 510 

contest, elections subject to. 520 
election law applicable to.. 521 
election officers, duties of. . . 509 

oath of .- 509 

selection of . 509 

nominations sent by secretary 
of state to commanding of¬ 
ficers .•. 506 

official envelopes, delivery of 505 
penal law, provisions applica¬ 
ble to . 518 

poll-books, delivered to com¬ 
manding officers. 505 

oaths for inspectors to be 

contained in . 502 

secretary of state to pre¬ 
pare . 502 

polls, opening of. 508 

organization of. 509 

where to be opened. 507 

register of absent voters.... 501 
returns and statements, when 

not to be canvassed. 517 

returns not to be rejected be¬ 
cause of informality .... 512 
secretary of state, comparison 


Soldiers’ & sailors’ elections—Cont’d 

Section 


of poll-books and envelopes 

by .513 

to publish act relative to.. 522 
special polls ixi war time.. 500 
supplies furnished by secre¬ 
tary of state . 522 

vacancies among inspectors, 

how filled. 519 

unofficial ballots may be used 510 
war ballots, delivered to com¬ 
manding officers .• 505 

official, how printed . 503 

official envelopes for. 504 

Special elections: 

certificate of nomination, 
time and place of filing. . 128 
election records and appli¬ 
ances, custody of . 206 

notice of, transmitted. 293 

party nomination for, how 

made . 91 

proclamation of, by governor 292 

registration . 160 

time and manner of holding 292 
time for transmitting certifi¬ 
cate of designation for. ... 51 

vacancy in elective office, to 

be filled at .. 292 

when to be held. 292 

See also Elections; Soldiers 
and Sailors’ Elections. 


Special enrollment: 
See Enrollment. 

Special penalties: 

See Penalties. 


Spring primary: 

conduct of. 70 

delegates to national conven¬ 
tion elected at. 53 

presidential years, first Tues¬ 
day in April, subd. 5. 3 

record in enrollment book.. 5 

state committee elected in 

presidential year. 38 

See also Conventions; Pri¬ 
maries. 


State board of canvassers: 

See Canvassers, State Board 
of. 

State committee: 

elected in even-numbered 

years .•. 38 

members of, elected at pri¬ 
mary election; exceptions 38 
elected at spring primary 


in year of presidential 

election . 33 

elected in presidential year, 
to hold office until suc¬ 
cessor elected in second 

year.38 

enrolled voters within units 

of representation . 36 

hold office until successor 

elected .•. 38 

number of . 36 

organize and elect officers 
within ten days after elec¬ 
tion . 40 

party committee . 35 

presidential electors nomi¬ 
nated by .• 54 

unit of representation for 

election of . . ■. 36 

vacancy filled by remaining 

members. 36 

how filled. 36 

See also Committees; Conven¬ 
tions; Party Committee. 

State officers: 

independent nomination, 

number of signatures re¬ 
quired on certificate. 122 

special election to fill vacancy 292 
statement of county can¬ 
vassers . 437 

See also Special Elections. 

State superintendent of elections: 
affidavits by hotel keepers 

holding liquor licenses. 481 

aid by private persons and 


State supt. of elections—Continued 

Section 


public officers .. 476 

appointment and number of. 471 
card lists of registered elec¬ 
tors .485 

chief deputies and assistants.. 471 

deputies, additional . .. 474 

appointment, terms and 

qualifications of . 473 

examination of . 473 

lists for appointment. 473 

powers and control of. 475 

removal . 486 

deputy superintendent not to 
attend primary except to 

vote . 489 

generally. 471-489 

governor, report to. 488 

information to be given. 475 

lists of residents furnished to 484 
metropolitan elections dis¬ 
trict, powers of superinten¬ 
dent extended to primaries 489 
oaths, administration of. . . . 478 
police and certain depart¬ 
ments to report to.483 

polling places, attendance at 479 

powers of . 472 

extended to primaries. 489 

reports by lodging-house and 

hotel keepers .480 

filing of . 482 

salaries and expenses. 487 

subpoenas issued by. 477 

term of office. 44 (p. 64) 

State voting machine commis¬ 
sioners: 

appointment . 390 

compensation . 391 

term of office . 390 

See also Voting Machines. 

Statement of result: 

blank, bound with tally sheet 79 

description of . 79 

prepared and furnished by 
custodian of primary 

records; quantity .'. 79 

result of canvass to be 

written on . 87 

canvassed by custodian of pri¬ 
mary records, subd. 1 . 89 

certificate to be signed by 
primary election inspectors 79 
time allowed for canvass by 
custodian of primary rec¬ 
ords, subd. 1 . gg 


Statements: 

campaign receipts and pay¬ 
ments . 546 

filed with secretary of state 548 
canvass, certified copies of. . 373 
copy filed with supervisor 377 
corrected, proceedings upon 436 
correction of errors in. . . . 432 

delivered to police .. 272 

delivery and filing of papers 

relating to . 377 

filed with boards of elec¬ 
tions . 204 

filing of, in New York city 378 
how made by county boards 437 
inspectors to make and sign 

original . 273 

police, delivered to . 372 

produced before county 
canvassers ............. 431 

sealing of . 876 

soldiers and sailors’ elections 
when not to be canvassed. 517 
return of votes, how made.. 338 
See also Canvass; Canvassers, 
County Board of; Canvas¬ 
sers, State Board of; Po¬ 
litical Committees. 

Stationery: 

distributed by county clerks 343 

expense of providing. 318 

generally ..330-345 

polls, distributed at. 350 

provided by boards of elec¬ 
tions, town, city and village 

clerks . 341 

supplied to each polling place 833 
■when delivered, where voting 

machines are used. 404 

See also Inspectors; Supplies. 


















































































































90 


Eagle Library—THE ELECTION LAW OF THE STATE OF NEW YORK 


( 


Stubs: Section 

destroyed, when to be. 88 

disposition of, after canvass. . 88 

indorsement on back of. 58 

instructions to voters, printed 

on . 58 

number on, entered in poll- 

book . 78 

numbers to be consecutive.. 58 

official primary ballot stub, 

description . 58 

separated from ballot by per¬ 
foration . 58 

See also Ballots; Primary Bal¬ 
lots; Sample Ballots. 

Subcommittees: 

party rules and regulations 


may provide for. 39 

See also Committees. 

Subpoenas: 

issued by state superintend¬ 
ents of elections. 477 

See also Corrupt Practices. 


Suffrage: 

See Voting. 

Superintendents of elections: 

See State Superintendents of 
Elections. 


Supervisors: 

statement of result filed with 377 
Supplies: 

expense of providing . 318 

polling places, provided for. . 300 
primary elections, provided 
and paid for as for gen¬ 
eral election, . 79 

See also Stationery. 


Tally sheets: 

bound with statement of re¬ 
sult sheet . 

custodian of primary records 
to prepare and furnish; 
number .•. 


delivery and filing of. 377 

description . 338 

for primary elections .... 79 

expense of providing. 318 

filed with boards of elections 204 
with town or city clerk and 

board of elections. 377 

form of. 335 

indorsement upon back .... 79 

names of candidates written 
by primary inspectors.... 79 
supplied to each polling place 333 
voting machines, printed to 

conform to type of. 405 

See also Stationery. 


Tie vote: 

vacancy caused by, how filled 90 
Town board: 

inspectors of election, ap¬ 
pointment of . 311 

places for registry and vot¬ 
ing, designation of. 299 

See also Election Officers; In¬ 
spectors; Town Meetings; 
Towns. 


Town clerks: 

ballots and stationery distrib¬ 
uted to . 343 

certificate of nomination, filed 

"With. 127 

time of filing with. 128 

new nomination, time of fil¬ 
ing .. 136 

compensation of. 319 

declination of nomination, 

time of filing with. 133 

enrollment books, when to be 

delivered to . , 4 

lists of candidates for.. 131 

new election district, certified 

copy of register for. 183 

registration books, certificates 
and instructions trans¬ 
mitted to . 182 

statement of result of canvass 
filed with 87 


Town elections: Section 

registration .. 161 

See also Town Meetings. 

Town meetings: 

ballots, towrt propositions, 

form of. 332 

what to contain . 341 

expense of, when held on gen¬ 
eral election day .. 318 

when not held on general elec¬ 
tion day . 313 

official ballots, number to fie 

supplied .. 340 

stationery and ballots to be 
provided for . 341 

Town offices: 

declination of, where and 

when filed . 133 

independent nomination, 
number of signatures re¬ 
quired on certificate. 122 

party nomination, how made 45 


Towns: 

ballot clerks, appointment of 312 
election districts, abolition, 
consolidation or changing 


of . 297 

creation, division and al¬ 
teration of . 296 

maps and certificates of 
boundaries to be made 

(ind ( posted . 298 

new, certified copy of regis¬ 
ter for. 183 

redistricting of . 419 

election expense, apportion¬ 
ment of. 318 

inspectors of election, ap¬ 
pointment of. 311 

poll clerks, appointment of.. 312 
posting lists of nominations. 132 

town ballots, boxes for. 316 

town propositions, boxes for.. 315 
voting machines, adoption of 39 3 

expense . 318 

See also Boards of Elections. 

Transcripts: 

from enrollment books, fees 
for . 21 

Transfer: 

election officers, when not to 
be made . 308 


Treasurer: 

See Corrupt Practices; Politi¬ 
cal Committees. 

Unit of representation: 

term defined, subd. 6. 3 

See also Conventions; Dele¬ 
gates; Primaries. 

United States: 

person in service of, residence 

of . 163 

compensation of election 
officers canvassing vote of 319 
See also Ballots; Presiden¬ 
tial Electors; Soldiers and 
Sailors’ Elections. 

United States senators: 

article 13 . 449-457 

canvass on election of, how 
made after election to fill 

vacancy . 449 

governor to issue writ for 

special election. 449 

time of election. 449 

vacancy, how filed. 449 

Unofficial ballots: 

See also Ballots; Primary 
Ballots. 

Unofficial primary: 

term defined, subd. 2. 3 

See also Primaries. 

Unofficial primary ballots: 

See Primary Ballots. 


Unofficial primary elections: Section 

See Primaries. 


Vacancies: 

caused by tie vote, how filled 
certificate of, how filed 

for primary elections. 

matter contained in. 

when filed after ballots 

printed . 

where filed.• • • 

election officers, how filled., 
elective officers, when to be 
filled at special election.. 

filled by committee. 

nominations made to fill.... 
occurring before primary day, 

how filled .. • • • 

party certificates of nomina¬ 
tion to contain committee 

to fill . 

party nominations to fill va¬ 
cancies occurring at cer¬ 
tain times . 

pasters used in certain cases 
state committee, filled by re¬ 
maining members. 

vote required to fill. 

See also Candidates; Nomina¬ 
tion; Special Elections. 


90 

135 

52 

135 

52 

90 

308 

292 

90 

135 

52 


121 


91 

137 

36 

90 


Vice-president of United States: 

electors for, how chosen.... 54 
See also Presidential Elect¬ 
ors. 


Village clerk: 

ballots and stationery dis¬ 
tributed to . . . .. 343 

certificate of nomination, filed 

with . 127 

time of filing with. 128 

new nomination, time of 

filing . 136 

declination of nomination, 

time of filing with. 133 

statement of result of can¬ 
vass filed with . 8 7 


Village elections: 

registration ... 161 


Village offices: 

party nomination for, how 
made . 4 5 

Villages: 1 

certifying number of regis¬ 
tered voters . 181 

election district, when consti¬ 
tuting primary district. ... 74 

election expense, apportion¬ 
ment of . 318 

when not held on general 

election day. 318 

when not held on general 

election day . 318 

meetings for registration... 160 
population of 5,000 or more, 
board of primary election 
officers, division of duties. 74 
divided into primary dis¬ 
tricts . 74 

two boards of primary elec¬ 
tion officers in . 74 

posting lists of nominations 132 
registration, for other than 

general elections . 160 

how conducted . 158 

voting machines, adoption of 39 3 

expense . 318 

See also Enrollment; Pri¬ 
maries; Registration. 


Violation: 

of certain articles, a misde¬ 
meanor; penalty for. 93 

See also Misdemeanor. 


Void ballots: 
See Ballots. 































































































Eagle Library—THE ELECTION LAW OF THE STATE OF NEW YORK 


Voters: section 

assisted, entry made in poll- 

book ... 78 

filing of record of ...... 277 

ballots delivered to . 356 

certificate of enrollment given 

to . 21 

challenged, entry made in 

poll-book . 78 

at official primary election 72 
correction of enrollment, 

now made .14-a 

declaration of intention as 

to residence. 480 

disabled or illiterate, h?w 

assisted . 357 

election districts, number in 419 
employees, time allowed for 

voting . 3 65 

enrollment of. 10 

declined, blank to be re¬ 
turned . 10 

errors and omissions in bal¬ 
lots . 344 

failure to enroll, not to affect 
right to register for elec¬ 
tion . 21 

illiterate and disabled, as¬ 
sisted at registration .... 164 
in use of voting machine. 412 
intent of at primary elections 86 

list of, in poll-books. 78 

manner of voting where ma¬ 
chines are used . 410 

name and address entered in 

enrollment books. 8 

where personal registration 

not required. 9 

naturalization papers to be 

produced . 174 

oath, refusal to take. 363 

official primary ballot, prepa¬ 
ration by .. 82 

preparation of ballots by. . .. 358 

qualifications . 162 

at unofficial primary elec¬ 
tions . 92 

questioned . 71 

to vote at primaries. 71 

record of persons challenged. 364 

register, how arranged. 15 5 

registered, certifying number 

of . 131 

registers, to be quadruplicate 154 

registration of.150-184 

residence, change of . 163 

right to enroll and vote at 

primaries . 19 

sample and official ballots, 

public inspection of. 342 

voting machines, instruction 

in use of. 402 

when deemed not enrolled .. 14 

See also Challenges; Elec¬ 
tions; Enrollment; Prima¬ 
ries; Registration; Soldiers 
and Sailors* Elections. 


Votes: Section 

statement and return. 338 


See also Canvass; Primaries. 


Voting: 

act of, when deemed to com¬ 
mence . 359 

manner of . 359 

where voting machines are 

used . 410 

persons excluded from right 

of suffrage . 175 

places for, designation of. . . 299 
time allowed employees for.. 365 


Voting booths: 

See Booths. 


Voting machines: 

adoption of.•. 393 

prior to December 10, 1913 421 
apportionment of election ex¬ 
pense, when used. 318 

ballot, term defined. 420 

form of. 397 

party columns on. 397 

ballot clerks, appointed for 
primary election only .... 74 

not appointed or elected 

where used . 418 

ballot label, term defined. . . . 420 
ballots and stationery for... 404 

canvass of vote . 413 

certificate signed by inspect¬ 
ors .•. 413 

construction of . 392 

counter compartment, open¬ 
ing of . 415 

counters, not to be exposed 

during election . 409 

reading of, by inspectors.. 413 

custodian .•. 400 

instructions given by. 401 

term defined . 420 

definitions . 420 

election, preparation for . . 400 
election districts, redistrict¬ 
ing of . 419 

election officers, instruction 

of . 401 

instruction of voters by. ... 411 

examination of .. 391 

• expense of using . 318 

experimental use of .. 394 

generally .390-421 

illiterate or disabled voters 

assisted . 412 

independent ballots, how 

voted . 408 

instruction of voters in use of 402 
irregular ballots, disposition 

of.414 

term defined 420 


91 ” 


Voting machines—Continued Section 

keys, disposition of. 415 

local authorities, to provide. 395 

location of. 409 

manner of voting. 410 

official ballots, number of.. 399 
party representative, oppor¬ 
tunity to examine. 400 

payment for, how made. 396 

polls, preparation by election 

officers ..,... 407 

preparation for election .... 400 
presidential electors, irieg- 

ular ballot for . 408 

protective counter, number 

compared with seal. 407 

term defined . 420 

question, term defined . 420 

recanvass, provision for. 416 

requirements of . 392 

results, proclamation of. 413 

sample ballots for . 39 8 

tally sheets to conform to 

type of . 405 

unofficial ballots, when to be 

used . 406 

See also Booths. 

Voting space: 

official primary ballot, where 
to appear. 58 

Vouchers: 

campaign expenditures, re¬ 
ceipted bills for . 545 

preservation of .. 548 

See also Corrupt Practices. 

War ballots: 

See Ballots. 

Ward: 

divided into primary districts 74 


Watchers: 

ballot boxes examined in 

presence of . 84 

ballots protested by. 85 

duties . ....*. . 352 

at primary elections . 84 

may examine ballot during 

canvass . 85 

meetings for registration...., 152 
number to be appointed.... 84 
transcript of statement of re¬ 
sult of canvass may be 

made by .. 88 

unofficial primary elections. . 92 


Westchester county: 

See Boards of Elections. 

Witnesses: 

personal privilege of >.>.**> 55* 



V 


\ 
































































































The Eagle Library 


NEW YORK CITY 



BOUNDARIES AND 


DISTRICTS 


BROOKLYN 

Wards. 

1st—Bounded by Atlantic av. and E. River, 
Fulton, Court sq. and Boerum pi., Atlantic av. 

2d—Fulton ana E. River, Bridge, Sands, Ful¬ 
ton. 

3d—Bergen and Court, Atlantic av., Boerum 
pi., Court sq., Fulton, Flatbush and 4th avs., 
Bergen st. 

4th—Bridge and Fulton, Sands. 

5th—Johnson and Bridge, East River, Navy 
Yard and Navy, Johnson. 

6th—Hamilton av. and E. River, Atlantic 
av., Court, 4th pi., Henry and Coles, Hamilton 
av. 

7th—Atlantic and Washington avs., Flushing 
av., Bedford av., Brevoort pi. and Franklin 
av., Atlantic av. 

8th—60th and New York Bay, along N. Y. 
Bay and Gowanus Bay to Prospect av., 6th av., 
23d, 7th av., 20th, 9th av, 21st, 9th av., 20th, 
10th av. and 22d; thence line drawn to 60th 
west of 7th av. through 60th st. 

9th—Union and 4th av., Flatbush av., Atlan¬ 
tic av., Franklin av., to boundary of 29th 
Ward to Flatbush av., to Plaza, Union. 

10th—4th pi.. Court, Bergen, 4th av., 1st st., 
Gowanus canal, 5th, 4th pi. 

11th—Fulton and Bridge, Johnson, Navy, 
Flushing and N. Poitland avs., through 
Washington Park, S. Portland, Atlantic and 
Flatbush avs., Fulton. 

12th—Hamilton av. and Buttermilk Channel, 
Coles, 4th pi., 5th, Gowanus Canal, Gowanus 
Bay, N. Y. Bay, Buttermilk Channel. 

13th—Division av, and E. River, Grand, Rod¬ 
ney, Division av. 

14th—Grand and E, River, N. 13th, Kent av., 
N. 14th, Driggs av., Union av, f Metropolitan 
av., Rodney, Grand. 

15th—S. 2d and Rodney, Metropolitan av., 
Union av., Driggs, Recnard, Richardson, Hum¬ 
boldt, Metropolitan av., Bushwick av., Ten 
Eyck, S. 2d. 

16th—B’way and Rodney, S. 2d, Union av.. 
Ten Eyck, Bushwick av., Bushwick pi., Bush¬ 
wick and Flushing avs., B’way. 

17th—N. 13th and E. River, New r town Creek, 
Meeker av., Richardson, Leonard, Driggs av.# 
N. 14th, Kent av., N. 13th. 

ISth—Flushing and Bushwick avs., Bushwick 
pi., Bushwick av., Metropolitan av., Humboldt, I 
Richardson, Ewen, Meeker av., along Meeker 
av. to Newtown Creek, a portion of line of 
Queens Co. to Flushing av. 

19th—Flushing and Washington avs., Wall- 
about Canal, Division av,, Rodney, 6, 9tb and 
B’way, Flushing ay. 

20th—Atlantic and 8. Portland avs., through . 
Washington Bark, N, Portland av.. Navy 
Yard, Wallabout Canal, Washington av., At¬ 
lantic av. 

21st—Lafayette and Bedford avs, f Flushing 
av,, B’way, Lafayette av, 

22d—23d and 6th av.. Prospect av., Gowanus 
Bay, Gowanus Canal, £d av., 1st, 4th av.. 
Union, Prospect Park, to boundarj r line of 
29th Ware, 22d, 10th av, 20th, 9th av, and 21st, 
thorough block to 20th, 7th av,, 23d. 

£3d—Atlantia and Franklin avs„ Brevoort pi#, 


Bedford av., Lafayette av., Reid av., Fulton, 
Utica av., Atlantic av. 

24th—29th Ward boundary line and Franklin 
av., Atlantic av., to boundary line 26th Ward, 
along boundary lines 26th and 29th Wards. 

25th—Atlantic and Utica avs., Fulton, Reid 
av., Lafayette av., B’way to boundary line of 
26th Ward, Atlantic av. 



Map of the Third Congressional Dis¬ 
trict, Kings County. 


26th—Fresh Creek and Jamaica Bay, along 
Fresh Creek to boundary line of 32d Ward, 
boundary line of 29th Ward, boundary line of 
city to boundary line of New r town, boundary 
line of Jamaica, to Jamaica Bay. 

27th—B’way and Flushing av., to boundary 
line of Queens County, to Stockholm, Bush¬ 
wick av., Kosciusko, B'way, 

^ 28th—B'way and Kosciusko, Bushwick av., 
Stockholm, boundary line Queens County and 
26th Ward to B’way. 

29th—Foster and Gravesend avs., Franklin 
av., 45th, 17th av., 44th, 16th av., 43d, 15th av., 

42d, 14th av., 41st, 13th av., 40th, 12th av., 39th 

10th av., 37th, Fort Hamilton av., 40th, Graves¬ 

end av., boundary line of 22d Ward, Coney Is¬ 
land av.. Fort Hamilton parkway. Ocean av., 
Flatbush av., boundary line of 9th, 24th, 26th, 
32d and 30th Wards, to Foster av. 

30th—23d av. and Gravesend Bay, along 
Gravesend and N. Y. Bays to 60th, boundary 
line 8th Ward, 9th av., 37th, 10th av., 39th, 
12th av., 40th, ISth av., 41st. 14th av., 42d, 15th 

av., 43d, lt»th av., 44th, 17th av., 45th, Frank¬ 

lin av., Gravesend av., Foster av. and bound¬ 
ary line from E. 7th to E. 14th and Av G, 
Coney Island av., Av H, Ocean parkway, Av 
J, Gravesend av., Av K, 22d av., 78th, 23d av. 

31st—23d av. and Gravesend Bay, 78th st, 
22d av., Av K, Gravesend av., Av J, Ocean 
Darkway, Av H, Coney Island av., Av. G. 
boundary line from E. 14th to E. 17th and Fos¬ 
ter av., along 32d Ward boundary line to Mill 
Creek, Gerritsen’s Creek. Atlantic Ocean to 
Gravesend Bay. 

22d—Gerritsen’s Cr ,ek and Atlantic Ocean, 
along Gerritsen’s Creek, to Mill Creek, to 
boundary line of 31st Ward to Fresh Creek, 
Jamaica Bay, Atlantic Ocean. 

Brooklyn boundaries—North, E. River, New¬ 
town Creek and boundary line of Newtown; 
west, E. R. and New York Bay; south, Graves¬ 
end Bay and Atlantic Ocean; east, Jamaica 
Bay and boundary line of Jamaica town. 

Assembly Districts. 

1st—E. River and Fulton, Columbia Hghta. # 
Middagh, Fulton, Concord, Liberty, Fulton, 
Myrtle av , Pearl, Willoughby, Lawrence, 
Johnson. Bridge, Tillarv, Duffield, Johnson, 
Navy, Myrtle av., Raymond, Bolivar, St. Ed¬ 
ward's, Willoughby, Raymond, Lafayette st, 
Navy, Rockwell pi., Fulton, Hudson av., Flat¬ 
bush av., 4th av , Bergen. Court, Amity, Clin¬ 
ton, Baltic, Warren pi., Warren, Henry, Con¬ 
gress, Hicks, State, Furman, Atlantic av., E. 
River; 25 E. D. 

2d—E. River and Fulton, Columbia Hghts., 
Middagh, Fulton, Concord, Liberty, Fulton, 
Myrtle av., Pearl, Willoughby, Lawrence, 
Johnson, Bridge, Tillary. Duffield, Johnson, 
Navy, Myrtle av., Raymond, Bolivar. St. Ed¬ 
ward's, Willoughby st., Raymond. Lafayette, 
Navy, DeKalb av., Washington Park, Myrtle 
av., Carlton av.. Park av., Hall, Flushing av., 
Washington av.. Wallabout Canal, Wallabout 
Channel, Wallabout Bay, E. R.; 21 E. D. 

3d—E. River ar.d Atlantic av., Furman, State, 
Hicks, Congress, Henry, "Warren. Warren pi., 
Baltic, Clinton, Amity, Court, 3d pi., Clinton, 
Huntington. Henry, Mills, Columbia, Gowanus 
Bay, around westerly side along waters of 



map of the Fourth congressional district, kings counts* 


q th. 



















Eagle Library—NEW YORK CITY BOUNDARIES AND DISTRICTS 


93 


| ay £ Buttermilk Channel and E. 

allabout Canal, Washington av., 
ln S 1 * av *' Hall » Park av., Skillman, Wil- 
loughby av., Beaford av., Lafayette av., Marcy 
o U^ SCmsK0 ’ Nostrand av.. Flushing av., 
Marov l aV a Hooper. B’way, Rodney, S. 1st, 

Berrv P^w a & * l?' Raverne y e L B’way, S. 6th, 
bom y ’nfo a N* R - Wallabout Bay, Walla- 
°-Vf Channel, Wallabout Canal; 27 E. D. 

Mrnrm7! eW u S rS nd Lafa Y e tte a vs., Lewis av., 
cDonough, Tompkins av., Fulton, Patchen 

av* iS2? ter \.Howard av., Marion, Rockaway 
av y. an Huron, Reid av., Lafayette 

eue h 7v W a 7 and Van Buren * R eld av., Lafay- 
Blushing av. I ,' C B’ a wa' y ; K 2i SC E. SU D. N ° Strand av - 

Ken h rv G °S an ^ S Bay " and Columbia, Mills, 
HumfnD-t^ Unt i ngton ’ Clinton, Nelson, Court 

Bros ecf av S f?lL hl 9 tl V d av - Sth - av - 
av wt u" IL th av -- Terrace pi., Gravesend 
5th’ L ; t ,?. am ? 1 * on P ’ kwa Y. 37th, 7th av., 4Sth. 

GoVanus Bay; 2 bVd ^ t0 the waters of 

ren h 7^ e L S v n 5 , . ld , c, i nton - Sd P*-. Court. Ber- 
GartlPlrt n ’ V^yckoff, St. Mark’s pi.. 5th av., 
vi^,«»lL U * p *’ 4th av -> 2d av.. yth Smith 

Court, Nelson; 22 E. D' 

av 4 <!M, OVV ^n iUS Bay - alld 39th - 4th av - 37th, 6th 
40th i-iJh <th aV -o { ?th ' 10th av -> 39th, 12th av., 

7^th’ 14th av" R S ‘ h ' 12th aV ” €0th - 12th av., 
«y av B»» V sn Benson av. to Bay 7th. Crop- 
* av ” Hay Sth, to Gravesend Bay, and then pa 
a 'waters of Gravesend Bav, the Narrows 
and Gowanus Bay; 51 E. D. narrows 

c. 10t Sr^ r . Oiipe , ct pk and av,; St. Mark’s av 
’ JV J^ rk , s 4th av., Flatbush av Fulton 
& B°ckwell pi., DeKalb av., Washington 
M ,e av -> Carlton av.. Park av . Hall 
Willoughby av.. Waverly av., Atlantic av 

C asson e av P , st Le M rt T Pl -’ ° rand av - p acffic. 
Prospect ri’ S L Marks av '^ Underhill av., 
H** G f and av., Washington av 
. terling pi., Underhill av., Degraw st Wa^h- 

L?a a i V *’ „* lon * tho easterly and southerly 
5j r i nct i itute Pk to Flatbush av. Pros- 
k r P az . a ’ Prospec t Park W.. President. 
^ ^av., Lincoln pi., 6th av., Prospect pi.; 32 

11th-—HaH st. and Park av., Skillman Will- 

!ont/onl V ;; B w°[ d av ” Carroll, Franklin av., 
^ Washington av., Degraw, Under- 

hill av., Sterling pi.. Washington av.. Grand 
f'•• P ros Pect pi., Underhill av., St. Mark's av. 
to Classon av.. Pacific, Grand av., Lefferts pi’* 

^ ames P 1 -* Atlantic av.. Waverly av Will¬ 
oughby av.. Hall; 30 E. D. y 1 

_, ( 1 ,? l th t T Pr ?. &pect P 1 *' all <* oth av., 6th av., Lin¬ 
coln pi., itli av.. President, Prospect Pk. W. f 
Prospect Pk. plaza, Flatbush av., along the 
£ a ?; er ^ y ’ t southerl y and westerly sides of Pros, 
pect Park to 11th av.. Prosnect av. 4th av., 
Garfield pi., 5th av.; 37 E. D. 

13th Newtown Creek and Meeker av., Kings- 
,and a Y-» Richardson, Manhattan av., Bayard, 
Humboldt, Driggs av., Union av.. Ten Eyck, 
Hush wick av., Montrose av., Bushwick pi., 
Boerum, White, Cook, Bushwick av.. Flushing 
av., Central av., Forrest, Morgan av.. Noll, 
Flushing av., Knickerbocker av., Melrose, 
r liisning av., to dividing line between Kings 
and Queens Counties, along line to Newtown 
Creek; 22 E. D. 

14th—E. R. and B’way, Berry, S. 6th, 
B way„ Havemeyer, S. 2d, Marcy av.. S. 1st 
Rodney, S. 2d, Union av., Driggs av., Leonard 
Norman av., Manhattan av.. Noble, Franklin 
India, E. River; 21 E. D. 

15th—E. River and India, Franklin, Noble, 
Manhattan av., Norman av., Leonard, Driggs 
av., Humboldt, Bayard, Manhattan av., Rich¬ 
ardson, Kingsland av>, Meeker av., Newtown 
Creek, E. River; 24 E. D. 

16th—Bay Sth and Gravesend Bay, Cropsey 
av., Bay 7th, Benson av., 14th av., 79th, 
13th av., 60th, 12th av., oSth, 13th av.. 40th, 
12th av., 39th, 10th av., 37th. Fort Hamilton 
av., Gravesend av.. Terrace pi.. 11th av. f 15th, 
C. I. av, Vanderbilt, Prospect av., Fort Ham¬ 
ilton av, Foplar, Johnson av., C. I. av., Fos¬ 
ter av., E. 17th, Av I. Flatbush av., E. 34th, 
Av J, Schenectady av.. Flatbush av., Av. R. 
Burnett. Gerritsen’s Mill Pond, and along the 
waters of Gerritsen’s Creek, Sheepshead Bay, 
Atlantic Ocean and Gravesend Bay; 67 E. D. 

17th—Dean and Bedford av., Lafayette av., 
Lewis av., McDonough. Tompkins av., Fulton, 
Schenectady av.. Pacific, Utica av., Bergen* 
Albany av., Atlantic av.. New York av.. Dean- 
30 E. D. 

18th—Dean and Bedford av.. New York av., 
Atlantic av., Albany av., Bergen, Utica av., 
Church av., E. 49th, Grant, Schenectady av., 
Av J, East 34th, Flatbush av., Av. I, b! 17th, ! 
Foster av., C. I. av., Johnson av.. Poplar, Ft. ! 
Hamilton av.. Prospect av., Vanderbilt, C. I- i 
av., around the southerly and easterly sides of 
Prospect Park to Flatbush av., southerly side 
of Inst. Pk., "Washington av., Montgomery# 
Franklin av., Carroll, Bedford av.; 62 E. D. 

19th—Dividing line bet. Kings and Queens 
Counties at Flushing av., Melrose, Knicker¬ 
bocker av.. Flushing av.. Noll, Hamburg av., 
Forrest, Central av., Flushing av., Bushwick 
av., Cook, White, Boorum, Bushwick av., 
Moore, Morrell, Flushing av., Beaver, Park. 
B’way, DeKalb av.. Myrtle av., Cedar, Central 
av.. DeKalb av., Hamburg av.. Himrod. Knick¬ 
erbocker av., Harman. Irving av., Himrod, 
Wvckoff av., Harman St., Nicholas av.. Stan¬ 
hope, dividing line bet. Kings and Queens; 
24 E. D. 

20th—Intersection of the dividing line bet. 
Kings and Queens counties at Stanhope, St. 


5™ 

CONGRESS/OWL 
D/STR/CT 



“4— 

MAP OP THE FIFTH CONGRESSIONAL DISTRICT. KINGS COUNTY. 


Nicholas av.. Harman. Wyckoff av., Himrod, 
Irving av., Harman, Knickerbocker av., Him¬ 
rod, Hamburg av., DeKalb av.. Central av., 
Cedar, Myrtle av., DeKalb av., B’way, Mof¬ 
fat, Evergreen av., Hancock, Central av.. Lin¬ 
den, Wyckoff av.. Ralph, St. Nicholas av., 
Bleeeker, to dividing line bet. Kings and 
Queens; 30 E. D. 

21st—Bushw'ick av. and Ten Eyck, Union av., 
S. 2d. Rodney, B’way, Hooper. Harrison av., 
Flushing av., B’way, Park, Beaver, Flushing 
av., Morrell, Moore, Bushwick av., Boerum, 
Bushwick pi., Montrose av., Bushwick av.; 
17 E. D. 

22<l—Dividing line bet. Kings and Queens 
counties at Bleeeker, St. Nicholas av., Ralph,. 
Wyckoff av.. Linden, Central aV., Hancock, 
Evergreen av., Moffat, Bushwick av., Stewart, 
B’way, Fulton, Norman pi., Fulton, Vesta av., 
Herkimer, Sherlock pi., Atlantic av., Hinsdale, 
Liberty av., Williams av.. Fresh Creek, along 
Fresh Creek, Jamaica Bay in a southerly 
direction, east of Duck Point marsh, to bound¬ 
ary line bet. Kings and Queens; 06 E. D. 

23d—Bushwick av. and Moffat, B’way, Rock¬ 
away av., Marion, Howard av., Sumpter, 
Patchen av., Fulion, Schenectady av., Pacific, 
Utica av., Church av., E. 49th. Grant, Schenec¬ 
tady av.. Flatbush av., Av R, Burnett, Ger- 
ritsen’s Mill Pond, along Gerritsen’s Creek and 
Dead Horse Inlet, in a southerly direction in 
the waters of Jamaica Bay south of Barren 
Island to boundary line bet. Kings and Queens 
counties, along said ooundary line to a point 
opposite easterly end of Duck Point Marsh; in 
a northerly direction through waters of Ja¬ 
maica Bay to Fresh Creek, through waters of 
Fresh Creek to intersection of Williams av.; 
thence along Williams av.. to Liberty av., 
Hinsdale, Atlantic av., Sherlock pi., Herkimer, 
Vesta av.. Fulton, Norman pi.. Fulton, B'way, 
Stewart, Bushwick av.; 5G E. D. 

Total elections districts in Bkln., 772. 

Aldermanic Districts. 

The Aldermanic districts are the same as the 
Assembly districts, viz.: 


42d—As 1st A. D. 
43a—As 2d A. D. 
44th—As 3d A. D. 
45th—As 4th A. D. 
46th—As oth A. D. 
47th—As 6th A. D. 
48th—As 7th A. D. 
49th—As Sth A. D. 
50th—As 9th A. D. 
61st—As 10th A. D. 


53d—As 12th A. D. 
54th—As 13th A. D. 
55 th—As 14th A. D. 
56tn—As 15th A. D. 
57th—As 16th A. D. 
oSth—As 17th A. D. 
59th—As 18th A. D. 
60th—As 19th A. D. 
61st—As 20th A. D. 
62d—As 21st A. D. 


52d— As 11th A. D. 

63d—Bleeeker, Queens line, line between 26th 
and 28th Wards. Bushwick av., Stewart, B’way, 
line between 25th and 26th Wards, Atlantic av., 
Rochester av., Fulton, Patchen av., Sumpter, 
Howard av., Marion, Rockaway av., B’way, 
Moffat, Evergreen av.. Hancock, Central av., 
Linden, Wyckoff av., Ralph, St. Nicholas av., 
Bleeeker 

64Hi—Bushwick av. line between 26th and 28th 


Wards, line between Kings and Queens, Duck 
Point marsh, Jamaica Bay, through waters of 
Jamaica Bay, Pennsylvania av., Jamaica av., 
Bushwick av. 

65th—Stewart, Bushwick av., Jamaica av., 
Pennsylvania av., waters of Jamaica Bay, 
through waters of Jamaica Bay, to line be¬ 
tween Kings and Queens opposite easterly end 
of Duck Point marsh. Dead Horse Inlet, Ger¬ 
ritsen’s creek, Gerritsen’s mill pond, Bur¬ 
nett, Avenue R, Flatbush av., Schenectady av-. 
Grant or Snyder av., E. 49th, B’way or 
Church av., Utica av.. Pacific, Schenectady 
av., Fulton, Rochester av., Atlantic av., line. 
Detween 25th and 26th Wards, B’way, Stewart* 

Senate Districts. 

Sd—1st, 2d and 3d Assembly Districts. 

4th—4th, 5th and 6th Assembly Districts. 

5th—7th, Sth and 9th Assemoly Districts. 

6th—10th, 11th and 12th Assembly Districts. 

7th—13th, 1-lth and 15th Assemoly Districts. 

Sth—16th, 17th and JSth Assembly Districts. 

9th—19th, 20th and 21st Assembly Districts. 

10th—22d and 23d Assembly Districts 

Congressional Districts. 

(See New York State Congressional 
tricts, 3d to 10th inclusive). 


Dls« 


Municipal Court Districts. 

1st Dist.—1st, 2d, 3d, 4th, 5th, 6th, 10th, 12th 
Wards, and 11th Ward from intersection of 
Hudson and Myrtle a vs., along Myrtle av. to 
N. Portland av.. Flushing av.. Navy, Johnson, 
to Hudson av., to point of beginning, Court 
House, n. w. cor. State and Court. 

2d—7th Ward and 21st and 23d Wards west 
of center line of Stuyvesant av. and center line 
of Schenectady av., also that portion of the 
11th Ward from intersection of N. Portland 
and Myrtle avs., to Waverly av.. Park av., 
Washington av.. Flushing av., N. Portland av. 
to point of beginning. Court room, 495 Gates av. 

3d—13th, 14th, 15th, 16th, 17th, ISth and 19th 
Wards and 27th Ward n. w. of center line of 
Starr, between boundary line of Queens Co. 
and center line of Central av. and n. w. of 
center line of Suydam st., between center line3 
of Central and Bushwick avs., and n. w. of 
center line of Willoughby av., between center 
lines of Bushwick av. and B’way. Court 
House, 6-8 Lee av. 

4th—24th and 25th Wards, that portion of th$ 
21st and 23d Wards east of center line of Stuy¬ 
vesant av. and east of center line of Schenec¬ 
tady av., and that portion of the 27th Ward 
s. e. of center line of Starr, between boundary 
lino of Queens Co. and center li.ne of Central 
av. and s. e. of center line of Suydam, bet. 
center lines of Central and Bushwick av 3 . and 
s. e. cf center line of Willoughby av., bet. 
center lines of Bushwick av. and B’way. Court 
room, 14 Howard av. 

5th—Sth. 30th and 31st Wards and the 22d 
Ward south of center line of Prospect av. 
Court House, n. w. cor. 63d - a$d - 3d «4b 
Cornelius -Furgueson, Justice, 




































94 


Eagle Library—NEW YORK CITY BOUNDARIES AND DISTRICTS 





CON&ftEdSroWL 

D/dTrt/CT 


6th—9th and 29th Wards and the 22d Ward n. 
of center line of Prospect av., also that por¬ 
tion of 11th and 20th Wards from intersection 
of Bridge and Fulton, thence along Fulton to 
Flatbush av. f Atlantic av., Washington av., 
Park av., Waverly av., Myrtle av., Hudson 
av., Johnson, Eridge, to point of beginning. 
Court House, 611 Fulton. 

7th—26th, 28th and 32d Wards. Court House, 
31 Pennsylvania av. 


MANHATTAN 


Wards, 

1st—Bounded by Battery, E. River, Maiden 
lane, Liberty, West. 

2d—Maiden lane and Liberty, B’way, Park 
row. Spruce, Ferry, Peck slip, E, K. 

M—Liberty, West, Reade, B’way. 

4th—Spruce. Ferry, Peok slip. South, Cath¬ 
arine, Park row. 

6th—Reade, West, Canal, B’way. 

6th—Park row. Bowery,Walker, Canal, B'way. 

7th—Catharine, Division, Grand, E. R., So. 

8th—Canal, West, W, Houston, B'way, 

9th—W. Houston, Cittnge pi., Bleecker, Car¬ 
mine, 6th av., W. 14th, K. River. 

10th—Bowery, Rivlngton, Norfolk, Division. 

11th—Av. B, Clinton, Rivlngton, E. R., 14th. 

12th—E. and W. 86th, N. River, E. River 
flncluding W’ard's and Randall's Islands), Har¬ 
lem River and Spuyten Duyvil Creek. 

IStDivision, Grand, Norfolk, Riv'ton, E. R. 

14th—Walker, Canal, B’way, E. Houston, 
Bowery. 


MAP OF THE SIXTH CONGRES 
SIOjVATj DISTRICT, KINGS 
COUNTY. 


15th—W. and E. Houston, Cottage pi., 
Bleecker, Carmine, 6th av., E. and W. 14th, 
Bowery, 4th av. 

16th—W. 14th, N. River, W. 26th, 6th av. 

17th—Rivlngton, Clinton, Av. B, E. 14th, 
Bowery, 4th av. 

18th—E. and W. 14th, E. River, E. and W» 
26th, 6th av. 

19th—E. and W. 86th, E. River, B. and W. 
49th, 6th av. 

20th—W. 40th, 6th av., W, 26th, N. River. 

21st—E. and W. 40th, E. River, E. and W. 
26th, 6th av. 

22d—W. 86th, 6th av., 40th, N. River. 

Assembly Districts, 

1st—N, River, Clarkson, Carmine, 6th av., 
W. 3d, B’way, Worth, Park row, N, William, 
William, Beaver, B'way, Whitehall, E. River, 
around the southern end of Manhattan Island, 
N. River, place of beginning; also Governor’s, 
Bedloe’s and Ellis islands; 19 E. D. 

2d—E. River, Whitehall, B’way, Beaver, 
William, N. William, Park row, E. B’way, 
Catharine, Henry, Clinton, Grand, Gouver- 
neur, Madison. Montgomery, Cherry, Clinton, 
E River; 19 E. D. 

3d—Worth, B’way, Great Jones, Lafayette, 
/stor pi., 4th av., E. 14th, 2d av., Chrystie, 
Division, Catharine, E. B'way, Park row, 
Worth; 23 E. D. 

4th—E. River, Clinton. Cherry, Montgomery, 
Madison, Gouverneur, Grand, Clinton, Stan¬ 
ton, E. River; 18 E. D. 


6tli—N. River, Clarkson, Carmine, 6th av.* 
W. Washington pi., W. 4th, Christopher. 
Bleecker, 8th av., W. 14th, 7th av., W. 18th. 
9th av., W. 19th, 10th av., W. 18th, N. River; 

23 E. D. 

6th—E. River, Stanton. Norfolk. E. Houston, 
Av A, 2d, Av B, E. 10th, Av D, E. 8th, E. 
River; 18 E. D. 

7th—N. River. W. 18th, 10th av., W. 19th, 
9th av., W. 18th, 7th av, W. 22d, 8th av W. 
26th, 7th av., W. 31st. 9th av., W. $2d. 10th av.. 
W. 30th, N. River; 22 E. D. 

8th—Henry, Catharine, Division, Chrystie, 
Stanton, Clinton, Henry; 19 E. D. 

9th—N. River, W. 44th, 11th av.. W. 43d. 8th 
av . W. 38th, 7th av.. W. 31st, 9th av., W. 32d. 
10th av., W. 30th, N. River; 21 E. D. 

10th—Stanton, Chrystie, 2d av, E. 14th, Av. 
A. 10th, Av. B, 2d, Av A, E. Houston, Norfolk, 
Stanton; 21 E. D. , 

11th—N. River. W. 62d. 11th av., W. 61st, 
10th av., W. 52d, 8th av., W. 43d. 11th av., 
W. 44th, N. River; 35 E. D. 

12th—E. River, E. 8th, Av. D, E. 10th, Av. A, 
E. 14th, Irving pi.. E. loth, 3d av.. E. 23d. 2d 
av., E. 24th. 1st av., E. 23d, E. River; 22 E.D. 

13th—N. River, W. 67th, Amsterdam av., W. 
64th, Columbus or 9th av. # W. 67th, 8th av., 
W. 52d, 10th av., W. 51st to 11th av., W. 62a, 
N. River; 23 E. D. 

14th—E. River, E. 23d, 1st av., E. 24th to 
2d av., E. 23d, Lex. av., E. 34th, 3d av., E. 
40th, Lex. av., E. 42d, Prospect pi., E. 43d. 
E. River; 23 E. D. ^ 

15th—N. River, W. 91st. B’way. W. 94th, Co¬ 
lumbus av., W. 83d. Central Park W., W. 
67th, Columbus av., W. 64th, Amsterdam av., 
W. 67th, N. River; 34 E. D. 

16th—E. River. E. 43d. Prospect pi., E. 42d, 
Lex. av., E. 56th, E. River, and also Black¬ 
well's Island; 20 E. D. 

17th—N. River, W. 101st, Amsterdam av., 
W. 106th, Columbus av., W. 107th, Central Park 
W., W. S3d, Columbus av., W. 94th, B'way, 
W. 91st, N. River; 33 E. D. 

ISth—E. River, E. 66th, 3d av.. E. 69th, I/ex. 
av.. E. 70th. 3d av., E. 73d, 2d av., E. 74th. 
1st av.. E. 73d, E. River; 24 E. D. 

19th—N. River, W. 133d, Amsterdam av., W. 
130th, Convent av., Morningside av.. W. 120th# 
Manhattan av., W. 118th, St. Nicholas av., 
W. 117th, 7th av., W. 110th, 6th av., 97th st-* 
transverse road. Central Park W., W. 107th, 
Columbus av. f W. 106th, Amsterdam av., to W. 
101st, N. River; 48 E. D. 

20th—E. River, E. 73d, 1st av., E. 74th, 2d 
av., E. 73d, 3d av., E. 74th. Lex. av., E. 84th, 
3d av., E. 83d, 2d av., E. 82d, E. R.; 23 E. D. 

21st—N. River. W. 141st, 7th av., 136th, Lenox 
av., W. 335th, 6th av., W. 127th, 8th av., W. 
123d, Morningside av.. Convent av., W. 130th. 
Amsterdam av. W. 133d, N. River; 89 E. D. 
22d—B. River, E. 82d, 2d av., E. 83d, 3d av., 
E 84th, Lex. av., E. SSth, 2d av., E. 91st, 1st 
av., E. 92d. E. River; 24 E. D. 

23d—N. River, W. 141st, Spuyten Duyvil 
Creek, Harlem River, Lenox av., W. 136th, 7th 
av.. W. 141st; S3 E. D. 

24th—E. River, E. 92d, 1st av., E. 91s t. 2d 
av., E. 88th, Lex. av., E. 91st, Sd av., E, 99th, 
Lex. av., E. 100th, Park av., E. 105th, Lex. av., 
E. 106th, 3d av., E. 105th, 2d av., E. 106th, E. 
River; 17 E. D. 

25th—7th av.. W. 28th, 6th av., W. 29th, 6th 
av., E. 30th, 4th av., E. 31st, Lex. av., E. 23d, 
3d av., E. 15th, Irving pi., E. 14th. 4th av., 
A stor pi., Lafayette, Great Jones, W, 3d, 6th 
av., W. Washington pi., W, 4th, Christopher, 
Bleecker, 8th av., W, 14th, 7th av., W. 22d, 
8th av., W. 25th, 7th av.. W. 28th; 25 P!. D. 

26th—Lex. av., E. 91st, 3d av., E. 99th, Lex. 
av., E. 100th, Park av., E. 105th, Lex. av., E. 
108th, Park av., E. 120th. 6th av., E. 96th, Lex. 
av.; 25 E. D. 

27th—8th av., W. 67th, E. 67th. Park av<- 

E. 65th, Lex. av., E. 40th, 3d av., E. 34th, Lex. 
av., E. 31st, 4th av.. E. 30th, 5th av., W, 29th, 
6th av., W. 28th, 7th av., W. SSth, 8th av.; 

24 E. D. 

28th—E. River. E. 106th, 2d av., E. 105th, 3d 

av., E. 106th, Lex. av.. E. 108th, Park av., 

E. 119th, 3d av., E. 117th, 2d av., E. 116th, 
Pleasant av., E. 116th, E. River; also Ward’s 
and Randall’s islands: 17 E. D. 

29th—Central Park W., 97th et., transverse 

road, oth av., E. 96th, Lex. av., E. 74th, 3d 
av., E. 70th. Lex. av., E. 69th, 3d av., E. 66th. 
Lex. av., E. 65th, Park av., E. 67th, W. 57th, 
9th or C’l’b’s av.. W. 67th, Cen. Pk. W.; 29 E.D. 

Part of 30th—E. or Harlem River, E, 116th, 
Pleasant av., E. 115th. 2d av., E. 117th, 3d av., 
E. 119th. Park av., E. 120th, Madison av., E. 
129th, 5th av., W. 135th, Lenox av., Harlem 
River. (See 30th A. D., Bronx); 31 E. D. 

31st—Morningside av., B. and W. 123d. 8th 
av., W. 127th, 6th av., E. 129th, Madison av., 
E. 120th, 5th av.. W. 110th. 7th av.. W. 117th, 
St. Nicholas av., W. 118th, Manhattan av.# W, 
120th, Morningside av; 37 E. D. 

Total election dlsts. in Mhtn., 829. 

Aldermanic Districts# 

The Aldermanlo districts are the same as the 
Assembly districts, viz.: 


1st—As 1st A. D. 
2d—As 2d A. D. 
3d—As 3d A. D. 
4th—As 4th A. D. 
5th—As 5th A. D. 
6th—As 6th A. D. 
7th—As 7th A. D. 
8th—As 8th A. D. 
9th—As Oth A. D. 
10th—As 10th A. D. 
11th—As Uth A. D. 


12th—As 12th A. D. 
13th—As 18th A. D. 
14th—As 14th A. D. 
15th—As loth A. D. 
16th—As 16th A. D. 
17th—As 17th A. D. 
18th—As 18th A. D. 
19th—As 19th A. D. 
20th—As 20th A. D. 
21st—As 21st A. D. 
| 22d—As 22d A. D. 











Eagle Library—NEW YORK CITY BOUNDARIES AND DISTRICTS 


95 


av., 


(W - Sd -N; River, W. 14Sth, St. Nicholas 
■jr- , ° 0th ’ .EdKecombe av., St. Nicholas pi., 
wfrif 01 T?. iver ‘Jriv'J known as the Speedway, 
iiarlem R^er, Spuyten Duyvil creek, N. River. 

E1 Y er - w - 14Sth . St. Nicholas av., 
Ed 8 ec »n' l >« av., St. Nicholas pi., 
£! ver dr * ve known as the Speedway, 

w ilw R iy er * Lenox av., W. 136th, 7th av., 
w. 141st, N. River. 

River, E. 92d, 1st av., E. 91st, 2d 
av., e. 88th, Lex. av., K. 91st, 3d av., E. 99th, 
^ eX i\?Y;» E * 100th, Park av., E. 105th, Lex. av., 
av *’ E ‘ 105th ’ 2d av -» E - 106th, E. R. 
ibt w 7 £ h ave ” W - 28th - 6th av -» W. 29th, 5th 
av. f E. 30th, 4th av., E. 31st, Lex. av., E. 23d, 

Ac»^*Li E, T 15 ] h ’ Irvin S P 1 ** E - l^th, 4th av., 
slor _pi .Lafayette, Great Jones, W. 3d. 6th 
a Y” , Washington pi., W. 4th, Christopher, 
Bleecker, 8th av., W. 14th, 7th av., TV”. 22d, 8th 
av., W. 25th, 7th av., W. 28th. 

0 Q?i th T E * 91st ’ Lex * av *’ E - 91st * 3d av., E. 
99th, Lex. av., E. 100th. Park av., B. 105th, 

i^ X Qct?: V, V E * 108th » Park av -* 120th, 6th av., 
E. 96th, Lex. av. 

c -r! th T 8th av -' w - 67th, E - 57th, Park av., E. 
6oth - Rex. av.. E. 40th, 3d av.. E. 34th Lex 
a Y-> 3 i st > 4th av -- E - 30th, 5th av., W. 29th, 
641 k, 7th av., W. 38th, Sth av. 
29th-E River. E. lOGth, 2d av., E. 103th. 

^; h E ‘J mh - ^ x - av •• E - 10S,h - Par k av.. 
B 119th. 3d av., E. 117th, 2d av., E. 115th 
Pleasant av., E. 116th, E. River; also Ward’s 
and Randall’s Islands. 

30th—Central Park W., 97th, transverse rd.. 
E- 96th ’ Lex - av - K - 74th, 3d av.. E. 
<0th. Lex. av., E. 69th, 3d av.. E. 50th Lex 
E - R 5th, Park av., E. 57th, W. 57th. 9th 
or Columbus av., W. G7th, Central Park W 
31|t-Lenox av., W. 135th. Sth av., E. rnth 
Madison av., E. 120th, Park av., E. 119th 
Lex. av., Harlem River, Lenox av. 

3 - d ~~ Eex - a v., E. 119th, 3d av., E. 117(h *\1 

av. E. 115th. Pleasant av., E. 116th, E. Ri’ver, 
Harlem River, Lex. av. 

33d—Momingside av., east, W. l°3d 8th av 
5th av., E. 129th, Madison av., E. 
LOth 5th av., W. 110th, 7th av.. W. 117th, St. 

a Y” W * 118th ' Manhattan av., W. 
120th, Morningside av. east. 


BRONX 


Wards, 

23d—That portion of city bet. Harlem. Bronx 
and E. Rivers, L. I. Sound & 24th Ward. 

24th—Yonkers and Mt. Vernon, L. I. Sound, 
E. River and 23d Ward. Bronx and N. Rivers. 

Assembly Districts. 

Part of 30th—(See 30th A. D. Mhtn.) Across 


13Sth, 

Alexander 

av., 

E. 

137th, 

St. Ann’s 

av., 

E. 

Bronx 

Kills, E. 

B.; 

10 

E. 149th. Park 

av.. 

E, 


Senate Districts. 

11th—2d, 4th and 8th A. D. 

32th—3d. 6th and 10th A. D. 

13th—1st. 5th and 7th A. D. 

14th—12th, 14th and 16th A. D. 

15th—9th. 11th and 13th A. D. 

16th—18th, 20th and 22d A. D. 

17th—25th, 27th and 29th A. D. 

38th—15th, 17th and 19th A. D. 

19th—21st, 23d and 31st A. D. 

20th—24th, 26th and 28th A. D. 

Congressional Districts. 

(See New York State Congressional Districts 
11th to 24th inclusive, Mhtn. & Bronx.) ’ 

Municipal Coart Districts. 

1st Dist.—Bounded on s. and w. by southerly 
and westerly boundaries of said borough, on n. 
by 14th and 5th, from Bowery to 2d av.! on e 
by 4th av., from 14th to 5th, 2d av., Chrystie! 
Division and Catharine. Court House 54-60 
Lafayette. 

2d Dist.—Bounded on s. by 6th, from Bowery 
to 2d av., on s. and e. by southerly and east¬ 
erly boundaries of said borough on n. by E 
14th, on w. by 4th av., from 14th * to 5th 
2d av., Chrystie, Division and Catharine. Court 
House, 264-266 Madison. 

3d Dist.—Bounded on s. by 14th, on e. by 7th 
av.. from 14th to 59th. and Central Park West 
from 59th to 65th, on n. by 65th and 59th! 
from 7th to Sth av., on w. by westerly boun¬ 
dary of said borough. Court House, 314 W. 64th. 

4th Dist.—Bounded on s. by E. 14th. on w. 
by Lexington av. and Irving pi., including its 
projection through Gramercy Park, on n. by 
69th, on e. by easterly line of said borough, 
excluding, however, any portion of Blackwell’s 
Island. Court House. 151 E. 57th. 

5th Dist.—Bounded on s. by 65th, on e. by 
Central Park West, on n. by 110th. on w. by 
westerly boundary of said borough. Court 
House, B’way and 96th. 

6th Dist.—Bounded on ?. by 59th and 96th, 
from Lexington av. to 5th av.. on w. by Lex¬ 
ington av., from 59th to 96th, and 5th av., 
from 96th to 110th, on n. by 110th, on e. by 
easterly boundary of said borough, including, 
however, all of Blackwell’s Island and exclud¬ 
ing any portion of Ward’s Island. Court 
House, n. w. cor. 3d av. and S3d. 

7th Dist.—Bounded on s. by 110th. on e. by 
5th av. to northerly terminus thereof, and n. 
of northerly terminus of 5th av., following In 
a northerly direction the course of Harlem 
River, on a line coterminous with easterly 
boundary of said borough, on n. and w. by 
northerly and westerly boundaries of said bor¬ 
ough. Court House, 70 Manhattan. 

Sth Dist.—Bounded on s. by 110th, on w. by 


E. D. 

32d—Harlem Riv 
*46th. 3d av., E. 148th, St. Ann’s av., E. 149th, 
Prospect av., Westchester av., Bronx River, 
City line, L. I. Sound, E. 136th, St. Ann’s av. 
E. 137th, Willis av., E. 135th, Alexander av., 
E. 138th, Harlem River; also the islands of L. 1. 
Sound within the County of N. Y.; 77 E. I). 

33d—E. 149th, Mott av., E. 161st, Morris av., 
E. 162d, Park av., E. 165th, 3d av., Franklin 
av., E. 166th, Boston rd., Cauldwell av., E. 
163d, Eagle av., E. 161st, Cauldwell av., E. 
158th. Westchester av.. Prospect av., E. 149th, 
St. Ann’s av., E. 14Sth, 3d av., E. 146th, Park 
av., E. 149th; 36 E. D. 

34th—E. 165th, 3d av., E. 174th, Park av., E. 
384th. Hoffman, Pelham av., Bronx River, 
Westchester av., E. 15Sth, Cauldwell av., E. 
161st. Eagle av.. E. 163d, Cauldwell av., Boston 
rd., E. IGGtb, Franklin av.. 3d av. ; 71 E. D. 

35th—Harlem River, E. 149th, Mott av., E. 
161st, Morris av., E. 162d, Park av., E. 165th, 
3d av., E. 174th, Park av., E. 184th, Hoffman, 
Pelham av., Bronx River, city line, N. River, 
Spuyten Duyvil Creek, Harlem River; 59 E. D. 
Total election dists. in Bronx, 253. 

Aldermanic Districts. 

3ith—Harlem River, E. 149th, Park av., E. 
146th, 3d av., E. 14Sth, St. Ann’s av., E. 149lh! 
Prospect av., Westchester av., Bronx River, 
Long Island Sound, Bronx Kills, Harlem 
River, also the islands of Long Island Sound 
adjacent thereto within New York County. 

That portion of the County of New York 
lying east of the Bronx River and designated 
in section four hundred and twenty-five of 
this act as Chester, is hereby divided into two 
aldermanic districts as follows: 

35th—That portion of Chester, east of Bronx 
River, bounded north by the New Y r ork Citj r 
lines; south by the old Boston post rd., from 
Bronx River to Fordham and Pelham avs. 
(Bronx and Pelham parkway), to Westchester 
Creek; west by the Bronx River from tne old 
Boston post road to New York City line; east 
by Westchester Creek, Givan’s Creek’ and 
Hutchinson’s River to New Y'ork City line. 

36th—That portion of Chester bounded north 
by old Boston rd., Bronx River, Fordham and 
Pelham av. (Bronx and Pelham parkway), 
Westchester Creek. Givan’s Creek. Hutchin¬ 
son’s River, New York City line. Long Island 
Sound; south by Long Island Sound; west by 
the Bronx River, from the old Boston post rd. 
to Long Island Sound; east by Long Island 
Sound, including islands which lie within New 
York City belonging to former town of Pelham. 

3<th—E. 149th, Mott av., E. 161st, Morris av., 
E. 162d, Park av., E. 165th. 3d av., to Frank¬ 
lin av., E. 166th, Boston rd., Cauldwell av., 
E. 163d, Eagle av., E. 161st. Cauldwell av., 
E. 15Sth, Westchester av., PTospect av., E. 
149th, St. Anns av., E. 148th, 3d av., E. 146th 
Park av. E. 149th. 

38th—3d av., E. 165th, 3d av., E. 174th. Park 
av., E. lS4tli. Ploffman, Pelham av., Bronx 
River, YVestchester av., E. 158th, Cauldwell 
av., E. 161st, Eagle av., E. 163d. Cauldwell 
av.. Boston rd., E. 16‘6th. Franklin av., 3d av. 

39th—Harlem River, E. 149th. Mott av., 
Grand Boulevard and Concourse, E. 170th! 
Teller av., Morris av.. Belmont, Clay av., E*. 
173d. Anthony av., Grand Boulevard and Con¬ 
course, E. 184tli. Marion av., E. 187th. Hoff¬ 
man. Pelham av.. Southern Boulevard. B. 
200th. Jerome av., Fordham rd.. Harlem River. 

40th—Grand Boulevard and Concourse, b! 
161st, Morris av.. E. 162d, Park av.. E. 165th! 
3d av., E. 174th. Park av.. E. lS4th, Hoffman! 
E. 187th, Marion av., E. lS4th, Grand Boule 
vard and Concourse. Anthony av.. E. 173d. 
Clay av., Belmont. Morris av.. Teller av., B. 
170th. Grand Boulevard and Concourse. 

41st—Harlem River, Fordham rd.. Jerome 
av., E. 200th. Southern Boulevard. Pelham av., 
Bronx River. New York City line. Hudson 
River, Spuyten Duyvil Creek, Harlem River. 

Senate Districts. 

21st—All of 30th and 32d A. D. 

22d—33d, 34th and 35th A. D. 

Congressional Districts. 

(See New York State Congressional Dis¬ 
tricts, 11th to 24th inclusive, Mhtn & Bronx). 


QUEENS 


the centre line of 5th av., on n. and e. by ^ 

northerly and easterly boundaries of saidbor- Municipal lonit Districts, 

ough. including Randall’s Isl. and whole of 1st Dist.—All that part of 24th Ward which 
Ward’s Isl. Cojrt House, Sylvan pi. & 121st. was lately annexed to the City and County ol 
9th Dist.-Bounded on s. by 14th and by 59th. ! New York by Chapter 934 of Laws of 1895, com- 
from 7th av. to Central Park West, on e. by i prising all of late Town of Westchester and 
Lexing on av. and Irving pi., including its part of towns of Eastchester and Pelham, in- 


projeciion through Gramercy Park, and by 5th 
av., irtsm 96th to 110th, on n. by 96th, from 
Lexington ar. to 5th av., and 110th. from 5th 
av. to Central Park West, on w. by 7th av. 
and Central Park West. Court House, s. 
cor. Madison av. and 59th. . 7 , 


eluding villages of Wakefield and Williams- 
bridge. Court room, Town Hall, 1400 Williams- 
bridge rd., Westchester Village. 

2d Dist.—23d and 24th wards, except territory 
described in Chap. 934 of Laws of 1S95. Court 
room, s. e. cor. Washington av. and 162d. 


Wards. 

1st—Former Long Island City. Beginning at 
Newtown Creek and East River, NE. to Law¬ 
rence Point, SE. along East River to old 
Bowery Bay rd. (including Berrlans Island), 
SW. to Newtown rd, Newtown rd., Wood- 
side av., Old Bowery Bay rd. and Calvary 
Cemetery rd. to Newtown Creek to E. River. 

2d—Former Town of Newtown. Beginning 
at Newtown Creek and Calvary Cemetery rd., 
N. along Calvary Cemetery rd., Old Bowery 
Bay rd., Woodside av. and Old Bowery Bay 
rd. to Bowery Bay; S. along Bowery Bay and 
Flushing Bay to Flushing Creek, W. from in¬ 
tersection of Union turnpike and Flushing 
Creek to Newtown rd. and Long Island R. 
R.; thence to Terrace av., Dexter Park, to 
Miller pi. and Crosby av.; W. from intersec¬ 
tion of Miller pi. and Crosby av. NW. to 
Flushing rd. and Newtown Creek to Calvary 
Cemetery road. 

3d—Former Town of Flushing. Beginning at 
Flushing Bay and East River E. along Bast 
River, Powell’s Cove, Whitestone Bay, Little 
Bay and Little Neck Bay to Old House rd.; 
SE. and S. to a point one mile east on Law¬ 
rence av., from Little Neck rd.; thence to in¬ 
tersection of Hamilton av. and Jericho turn¬ 
pike, W. from Hamilton av. and Jericho turn¬ 
pike along Rocky Hill rd. to Hillside av.; 
W. to Union av. and Flushing Creek; N. along 
said creek and Flushing Bay to E. River. 

4th—Former Town of Jamaica. Beginning at 
E. boundary of 26th Ward, Brooklyn, and Ter¬ 
race av., Dexter Park; E. to Newtown rd.; 
to Flushing Creek and Union av. E. to Rocky 
Hill rd. and Hillside av.; E. along Rocky Hill 
rd. to Hamilton av.; 3. to Jericho turnpike 
to Ocean av. and Rosedale av., to mouth of 
Mott Creek; W. to center of Beach Channel 
to E. line of 26th YVard, Brooklyn; N. by 
easterly boundary line of 26th Ward, Brooklyn, 
to Terrace av. and Dexter Park. 

5th—Former Village of Far Rockaway and 
that part of the Town of Hempstead SW. of 
Norton’s Creek known as Rockaway Beach. 
Beginning at Rockaway Inlet, E. through cen¬ 
ter of Beach Channel to McNeil av., E. bound¬ 
ary of village of Far Rockaway; S. along Mc¬ 
Neil av. to Bayview av. to Banister Creek to 
Atlantic Ocean; S. and W. along Atlantic 
Ocean to Rockaway Inlet. 

Assembly Districts. 

1st—Bounded by E. River, Bowery Bay, Old 
Bowery Bay rd. Jackson av.; Rapleye av., the 
Canal and Newtown Creek; 33 E. D. 

2d—Bounded by the Canal running into New¬ 
town Creek, Rapelye av., Jackson av.. Old 
Bowery Bay.rd., Bowery Bay, E. River, Little 
Neck Bay, Little Bay Side rd., Whitestone rd., 
Bayside av., Whitestone av., Union, Lincoln, 
Main, Bradford av., Lawrence, Ireland Mill rd., 
Flushing Ck. boundary line of 2d and 3d Wds., 
boundary line of 2d and 4th Wds., Metro¬ 
politan av.. Trotting Course lane. Long Isl¬ 
and R. R., Calamus rd., Morris av. and New¬ 
town Crek; 33 E. D. 

3d—Bounded by Morris av.. Calamus rd., L. 

I. R. R., Trotting Course lane. Metropolitan 
av., boundary line of 2d and 4th Wards, Van- 
derveer av., Jamaica av., Shore av., Atlantic 
av., Morris av., Rockaway rd., boundary line 
of Queens and Nassau Counties, Atlantic 
Ocean, Jamaica Bay and the boundary line of 
Kings and Queens Counties; 57 E. D. 

4th—Bounded by boundary line of 2d and 4th 
Wards, boundary line of 2d and 3d YVards, 
Flushing Creek, Ireland Mill rd., Lawrence, 
Bradford av., Main, Lincoln, Union, White- 
stone av., Bay Side av., Whitestone rd.. Little 
Bay Side rd, Little Neck Bay, E. River, boun¬ 
dary line of Nassau and Queens Counties, 
Rockaway rd., Morris av., Atlantic av.. Shore 
av.. Jamaica av., Vanderveer av.; 53 E. D. 

Total election dists. of Queens, 17G. 

Aldermanic Districts, 

66th—E. River, Bowery Bay, Old Bowery Bay 
rd., Jackson av., Rapelye av.. Canal, New¬ 
town Creek. 

67th—Morris av., Calamus rd., Long Island 
R. R., Trotting Course lane, Metropolitan av., 
line 2d and 4th YVards, Vanderveer av., Ja¬ 
maica av., Shore av., Atlantic av., Morris av., 
Rockaway rd., line of Queens and Nassau, 
Atlantic Ocean, Jamaica Bay, boundary of 
Kings and Queens Counties. 

6Sth—Canal at Newtown Creek, Rapelye av , 
Jackson av.. Old Bowery Bay rd., Bowery Bay, 
E. River, Boulevard, 3d av., 4th av., White¬ 
stone av. or rd., Union, Lincoln, Main, Brad¬ 
ford av., Lawrence st. or av.; Ireland Mill rd.. 
Flushing Creek, boundary line of 2d and 3d 
Wards, boundary line of 2d and 4th YVards, 
Metropolitan av.. Trotting Course lane. Long 
Island R. R., Calamus rd., Morris av., Mas- 
peth av., Newtown Creek. 

69th—E. River and Boulevard, 3d av., 4th av., 
Whitestone av. or rd., Union, Lincoln, Main, 
Bradford av., Lawrence st. or av., Ireland 
Mill rd., Flushing Creek, boundary line 3d 
and 4th Wards. Rocky Hill rd., boundarv line 
Nassau and Queens, Little Neck Bay, E. River. 

70th—Boundary line 2d and 4th Wards, boun¬ 
dary line between 3d and 4th Wards and Rocky 
Hill rd., boundary line between Nassau and 
Queens, Rockaway rd., Morris av., Atlantia 
av., Shore av., Jamaica av., Vanderveer ay,* 
to boundary line between 2d and 4th Ward* 
























96 


Eagle Library—NEW YORK CITY BOUNDARIES AND DISTRICTS 





Senate Districts. 

Suffolk and Nassau Counties constitute the 
1st Senate District of New York State. 

The County of Queens constitutes the 2d Sen¬ 
ate District. 

Congressional Districts. 

(See New York State Congressional Districts, 
1st and 2d districts.) 

Municipal Coart Districts. 

1st Dist.-— 1st Ward tall of Long Island City 
formerly composing five wards). Court room, 
St. Mary’s Lyceum, 115-117 5th, L. I. City. 

2d Dist.—2d and Sd Wards, which include the 
territory of late towns of Newtown and Flush¬ 
ing. Court room, cor. B'way an4 Court, Elm¬ 
hurst, New York. 

3d Dist.—4th and 6th "Wards, comprising ter¬ 
ritory of former towns and villages of Jamaica, 
Far Rockaway and Rockaway Beach. 

RICHMOND 

Wards. 

1st—Comprises former town of Castleton. Be¬ 
ginning at east side of Palmer’s Run, at Kill 
van Kull; E. along Kill van Kull to N. Y. Bay; 
S. to Richmond turnpike; along Richmond 
turnpike to intersection of Willow Brook road; 
N. to Old Watchogue road; E. to Palmer'3 
Run; N. to Kill van Kull. 

2d—Comprises former town of Middletown. 
Beginning at intersection of Willow Brook road 
and Richmond turnpike; E. and N. to N. Y. 
Bav; S. to Vanderbilt av.; SW. to Richmond 
rd ‘to Egbert av.; W. to Rockland av., Manor 
rd*.. Gun Factory rd., and Willow Brook rd. 
to Richmond turnpike. 

3d—Comprises former town of Northfield. Be¬ 
ginning at junction of Staten Island Sound and 
Newark Bay; along Newark Bay and Kill van 
Kull to mouth of Palmer’s Run; S, to OUd 


Watchogue rd.; W. to Willow Brook rd.; S. 
to Rockland av. and Egbert av. to Richmond 
rd.; W. to Staten Island Sound; N. to New¬ 
ark Bay. 

4th—Comprises former town of Southfield. Be¬ 
ginning at Fresh Kills Creek and Gifford’s 
lane; along creek to Stapleton av. and Rich¬ 
mond rd.. along Richmond rd. to Vanderbilt 
av., to N. Y. Bay; SE. and SW. to W. bound¬ 
ary of Southfield Park: N. to Amboy road; NE. 
to Gifford’s lane, to Fresh Kills Creek. 

5th—Comprises former town of West field. Be¬ 
ginning at mouth of Main or Fresh Kills Creek, 
Staten Island Sound: E. to Gifford’s lane; S. 
to Amboy road to W. boundary of Southfield 
Park, to N. Y. Bay; SW. to Staten Island 
Sour-d; N. E. to mouth of Main or Fresh Kills 
Creek. 

Assembly Districts. 

The County of Richmond constitutes one As¬ 
sembly District. 47 elec, dists. 

Aldermanic Districts* 

71st—Territory comprised in 1st Ward. 

72d—2d and 4th Wards. 

73d—3d and 5th "Wards. 

Senate Districts. 

Richmond County and Rockland County con¬ 
stitute 23d Senate Dist. of New York State. 

Congressional Districts. 

(See New York State Congressional Districts, 
part of 11th district.) 

Municipal Court Districts. 

1st Dist.—1st and 3d "Wards (towns of Cas¬ 
tleton and Northfield). Court room, former Vil¬ 
lage Hall, Lafayette av. and 2d, New Brighton. 

2d Dist.—2d, 4th and 5th Wards (towns of 
Middletown. Southfield and Westfield). Court 
room, former Edgewater Village Hall, Staple- 
ton. 

Total number of E. D. in N. Y. City, 1,780, 


CONGRESSIONAL DISTRICTS, 
BOUNDARIES, 

NEW YORK CITY AND STATE 


For the election of representatives in Con¬ 
gress of the United States, New York State i* 
divided into 43 districts, namely. 


Long Island and Queens ^ 


First District— The County of Suffolk, th# 

County of Nassau, the 22d and 23d Election 
Districts of the 2d Assembly District of 
County of Queens, the 21st. 25th, 26th. 27 th. 
->8th. 29th. 30th, 31st, 32d, 33d, 34th and 3oth 
Election Districts of 4th Assembly District or 
County of Queens, shall compose the 1st Dis¬ 


trict. 

Second District— The 1st Assembly Dis¬ 
trict of County of Queens, the 1st to the 21st 
inclusive, the 24th, 25th. 26th, 27th and -8th 
Election Districts of the 2d Assembly District 
Df Queens; the 1st to the 31st inclusive, the 
54th to the 42d inclusive, Election Districts or 
he 3d Assembly District of Queens, and the 
Loth, 16th, 17th, 18th. 19th, 20th, 22d. 23d wd 
>4th Election Districts of 4th Assembly Dis- 


Brooklyn or Kings 


Third District—The 13th and 15th Assem¬ 
bly Districts and portions of the 19th, 20th 
nd 22d Assembly Districts of the County of 
V- n The boundaries of 3d District are as 
ollows: East River and India st.. Franklin, 
Coble Manhattan av., Norman av., Leonard. 
Driggs av.. Union av.. Ten Eyck, Bushwick 
v Montrose av., Bushwick place, Boerum, 
lush wick av., Moore, Morrell. Flushing av., 
Vntral av.. Cedar, Myrtle av., DeKalb av., 
Sushwick av., DeKalb av., Broadway, Weir- 
leld Bushwick av., Linden, Irving av., Pal- 
netto to line dividing Borough of Brooklyn 
rom ’Queens, and along said line to East 


Fourth District— The 14th and 21st Assem¬ 
bly Districts of County of Kings and portions 
of the 4th. 5th, 6th, 17th and 19th Assembly 
Districts of Kings. The boundaries of the 4th 
District are: East River and India st. # to 
Franklin, Noble, Manhattan av., Norman av., 
Leonard,’ Driggs av., Union av.. Ten Eyck, 
Bushwick av., Montrose av., Bushwick place. 
Boerum Bushwick av., Moore, Morrell, Flush¬ 
ing av.. Central av., Cedar, Myrtle av., De¬ 
Kalb av., Bushwick av.. DeKalb av.. Broad- 
wav Greene av., Throop av., Flushing av., 
Harrison av., Division av., Broadway, S. 6th, 
Berry, Broadway, East River to India st. 

Fifth District— Portions of the 2d, 4th, 6th, 
10th and 11th Assembly Districts of County of 
Kings The boundaries of the 5th District are: 
East River and Broadway, to Berry, S. 6th, 
Broadway, Division av., Harrison av.. Flush¬ 
ing av., Throop av., Lafayette av., Bedford 
av DeKalb av., Kent., Willoughby av.. Wav- 
erlv av., Atlantic av., Franklin av., St. John’s 
pi Underhill av., Sterling pi., 6th av.. Flat- 
bush av., Hanson pi., S. Oxford, DeKalb av., 
Washington Park, Myrtle av., Navy, Johnson, 
Dulfield, Tillary, Fulton, Liberty, Concord, 
Fulton, East River to Broadway. 

Sixth District— Portions of the 5th, 10th, 
11th, 12th, 16th, 17th and 18th Assembly Dis¬ 
tricts of County of Kings. The boundaries of 
the 6th District are: Beginning at a point 
formed by the intersection of the center lines 
of Greene and Patchen avs., south along 
Patchen av. to Fulton, New York av., St. 
John’s pi., Kingston av., Malbone, New York 
av., Clarkson av., E. 37th, Church av.. Nos¬ 
trand av., Snyder av., Rogers av., Beverly 
rd., E. 31st, Foster av.. Ocean Parkway, 22d 
av., 5Slh, 13th av., 41st, 14th av.. Church av.. 
Ocean Parkway. Prospect av., 8th av., 15th, 
5th av., Garfield pi., 6th av., Sterling pi., Un¬ 
derhill av., St. John’s pi.. Franklin av., At¬ 
lantic av., Waverly av., Willoughby av., Kent 
av., DeKalb av., Bedford av., Lafayette av., 
Throop av., Greene av., Patchen av. 


Seventh District— The 1st, 3d and 8th and 

portions of the 2d, 7th, 10th and 12th Assembly 
Districts of Kings County. The boundaries of 
the 7th District are: East River and Fulton, 
to Concord, Liberty, Tillary, Duffield, Johnson, 
Navy, Myrtle av., Washington Park, DeKalb 
av., S. Oxford, Hanson pi., Flatbush av., 6th 
av., Garfield pi., oth av., 15th, 2d av., $th. 
Smith, Huntington, Court, Nelson, Clinton, 
Huntington. Henry, Mill, Columbia, Halleck, 
Columbia, Gowanus Bay, Buttermilk Channel, 
to East River, to Fulton. 

Eighth District— The 9th and portions of 
the 7th, 12th and 16th Assembly Districts of 
Kings County. The boundaries of the 8th 
District are: Gowanus Bay at Columbia st. to 
Halleck, Columbia, Mill, Henry, Huntington, 
Clinton, Nelson, Court, Huntington, Smith. 
Oth, 2d av.. 15th, 8th av.. Prospect av.. Ocean 
Parkway, Church av., 14th av, 41st, 13th av., 
58th, 22d av.. Avenue J, Coney Island av. # 
















! 


Eagle Litoary—CONGRESSIONAL DISTRICTS, BOUNDARIES, N. Y. CITY AND STATE 


97 


Avenue L, East 25th, Avenue O, Flatlands 
av.. Nostrand av., Gerritsen av M Avenue S, 
Gerritsen Mill Pond or Gerritsen Basin, Ger- 
retsen Creek, Sheepshead Bay, Atlantic Ocean, 
Gravesend Bay to the Narrows, Upper Bay, 
Gowanus Bay, Columbia st. 

Ninth District -The boundaries of the 

*aid 9th Dist. arc; as follows: Beginning at 
the intersection of the line dividing the Bor¬ 
ough of Bklyn. and the Borough of Queens ami 
the center line of Palmetto, in the County of 
Kings, thence along Palmetto, southwesterly to 
Irving av.; northwest to Lindeu; southwest to 
Bushwick av.; southeast to Weirfleld; south¬ 
west to Broadway; northwest to Greene av.; 
west to Patchen av.; south to Sumpter; east 
to Howard av.; north to Marion; east 
to Rockaway; north to Broadway; southeast 
to Moffat; northeast to Bushwick av. ; south¬ 
east to Pennsylvania av.; south to Blake av. ; 
west to Williams av.; south to Fresh Creek; 
west to East 107th.; to Avenue I); southwest 
to East 96th; northwest to Church av. ; south¬ 
west and west to East 49th ; south to Snyder av. ; 
west to Schenectady av.: south to Canarsie 
Lane; west to Clove road; north to Beverley 
road; west to East 31st; south to Foster av.; 
west to Ocean Parkway; south to 22d av.; south¬ 
west to Avenue .T; east to Coney Island av.; 
south to Avenue L; east to 25 th; south to Ave¬ 
nue O; east to Flatlands av.; northeast to Nos¬ 
trand av. ; south to Gerritsen av.; southeast to 
Avenue S; northeast to Gerritsen’s Mill Pond 
or Gerritsen’s Basin; southeast to Gerritsen’s 
Creek to Sheepshead Bay, to the line dividing 
the Borough of Brooklyn from the Borough of 
Queens in Rockaway Inlet, thence along the 
said boundary line of said Boroughs to the point 
where said line is intersected by the center line 
of Atlantic av.; thence east along Atlantic 
av. to Morris av. in the County of Queens; 
south to Rockaway road ; southeast to the road 
to Bergen’s Landing; northeast to Vau Wyek 
av. ; north to Newtown road; northwest to the 
boundary line of the 2d and 4th Wards of 
the County of Queens; west to the line divid¬ 
ing the Borough of Queens from the Borough 
of Brooklyn, and west along said liue. thence 
northwest along said line to the intersection with 
Palmetto in the County of Kings, the point of 
beginning. (New 9th Congr. Dist. boundaries 
changed by the Legislature of 1915.) 

Tenth District -The boundaries of the 

said 10th Dist. are as follows: Beginning at a 
point formed by the intersection of the center 
lines of New York av. and Fulton; easterly 
along Fulton to Patchen av. to Sumpter to How¬ 
ard av. to Marlon, to Rockaway av.; north to 
Broadway; southeast to Moffat st.; northeast to 
Bushwick av.; southeast to Pennsylvania av.: 
south to Blake av.; west to Williams av.; south 
to /.Fresh Creek; west to East 107th; north to 
Avenue .1); southwest to East 96th; northwest 
to Church av. ; southwest and west to East 
49th ; south to Snyder av: west to Schenectady 
av. ; south to Canarsie Lane; west to Clove 
road; north to Beverley road; West to' Rogers 
av. ; north to Snyder av.: east to Nostrand av. ; 
north to Church av; east to East 37th; north 
to Clarkson av; west to New York av; north to 
Malbone; east to Kingston av.; north to St. 
John’s pi. ; west to New York av. : north to Ful¬ 
ton. to the point of beginning. (New 10th Congr. 
Dist. boundaries changed by Legislature of 
1915.) 


Richmond and New York 

Eleventh District— Richmond County, 
Governor’s Island, Bedloe’s Island, Ellis Island 
and portions of the 1st. 2d, Sd, 6th and 8th 
Assembly Districts of the County of New York. 
The boundaries of the 11th District are: All of 
Richmond County, Governor’s Island, Bedloe’s 
Island and Ellis Island and that portion of 
New York County beginning at Christopher st. 
and North River, along Christopher to Bleeck- 
er. Carmine, 6th av.. West 3d, Sullivan, Canal, 
Division, Market, to East River, thence south¬ 
west to North River and northwest to place 
of beginning. 

Twelfth District— The 4th Assembly Dis¬ 
trict of the County of New York and portions 
of the 2d, 6th and 8th Assembly Districts of 
the County of New Y r ork. The boundaries of 
the 12th District are: East River and Market 
to E. Broadway, Essex, Stanton, Pitt, Avenue 
C, East 4th, East River to place of beginning. 

Thirteenth District— Portions of the 1st, 
Sd, 6th, 8th and 10th Assembly Districts of New 
York County. The boundaries of the 13th Dis¬ 
trict are: Beginning at W T est 3d and Sullivan | 
6ts. to Great Jones. Lafayette, East 4th, Ave¬ 
nue C, Pitt, Stanton, Essex, Division, Canal, 
Sullivan to place of beginning. 

Fourteenth District— Portions of Oe Sd, 
5th 6th, 10th. 12th and 25th Assembly Dis¬ 
tricts of New York County. The boundaries 
of the 14th District axe: W. 14th street and 
North River to East River, to E. 4th. Lafay¬ 
ette Great Jones, 3d, 6th av., Carmine, 
Bleecker, Christopher, North River to place of 
beginning. 

Fifteenth District-The 7th and portions 
of the oth, 9th. 12th, 14th, 25th and 27th As¬ 
sembly Districts of New York County. The 
boundaries of the loth District are: North 
River and W. 36th to 9 th av.. W. 37th, 3d av., 
K. 3Gth, East River, E. 14th, North River, 
to place of beginning. 

Sixteenth District— -The 11th and portions 
Of the 9th, 13th, 14th. 16th, 27th and 29th As¬ 
sembly Districts of New York County. The 


MAP OF THE 

EIGHTH CONGRESSIONAL DIST., 
KINGS COUNTY. 

8Z". 

CO/iG/?£SS/Off/7JL 
V/ST/t/CT 



boundaries of the 16th District are: W. 54th 
st. and North River to Gth av., W. 59th. 4th 
av., E. 52d, East River, East 36th, 3d av., E. 
37th, 9th av., W. 36th, North River to W 
59th, the place of beginning. 

Seventeenth District— The 18th and por 
tions of the 13th, loth, 16th, all of Blackwell’s 
Island, portions of the 20th and 29ih Assem¬ 
bly Districts of New York County. The boun¬ 
daries of the 17th District are: All of Black¬ 
well’s Island and that portion of New York 
County beginning at W. 77th st. and North 
River to Central Park West, to W. 76th, across 
Central Park to 5th av. and E. 76th, Avenue 
A, E. 75th, East River, E. 52d. Park av., E. 
59th. Columbus or 9th av., W. 54th, North 
River, W\ 77th, the place of beginning. 

Eighteenth District— The 22d and portions 
of the 15th. 17th, 19th, 20th, 24th, 26th and 29(h 
Assembly Districts of New York County. Th* 
boundaries of the 18th District are: W. 86th 
and North River, east to Central Park West, 
W. 99th, across Central Park to E. 99th. to 
East River, to E. 75th, Av. A, E. 76th, across 
Central Park to W. 76th and Central Park 
W r est, to W. 77th, North River, to W. 86th, the 
place of beginning. 

Nineteenth District— Portions of the 15th 
17th, 19th, 21st, 26th and 31st Assembly Dis¬ 
tricts of New York County. The boundaries of 
the 19th District are: North River, opposite W\ 
125th, across Riverside Pk. Into W. 125th, to 
5th av., across Mt. Morris Pk. into 5th av., to 
E. 116th, Madison av., E. 110th, 5th av., E. 
99th, across Central Pk. to W. 99th, Central 
Pk. W., W. 86th, North River, to place of 
beginning. 

Twentieth District— Portions of the 24th. 
26th. 28th and 30th Assembly Districts of New 
York County, with all of Ward’s and Randall’s 
Islands. The boundaries of the 20th District 
are: Beginning at 5th av. and E. 120th, to 
Park av., E. 118th # 2d av., E. 117th, East 


River, E. 99th, 5th av., E. 110th, Madison aV. t 
E. 116th, 5th av., E. 120th, to place of be¬ 
ginning. 

Twenty-first District —Portions of the 
19th, 21st, 28th, 30th, 31st and 32d Assembly 
Districts of New Y’ork County. The bounda¬ 
ries of the °l8t District are: Beginning at W. 
141st and North River, to 7th av.. W 136th, 
liuneiii River, E. 138th, in Borough of The 
Bronx, 3d av., E. 139th, St. Ann s av., E. 
138th, East River, Bronx Kills, Harlem River, 
to E. 117th. Borough Mhtn.; 2d av.. E. 118th, 
Park av., E. 126th, 6th av., across Mt. Morris 
Pk., 5th av., 12oth, across Riverside Pk., North 
River, to 141st, the place of beginning. 

Twenty-aecond District— The 33d, por¬ 
tions of the 23d, 30th. 32d, 34th and 36th As¬ 
sembly Districts of New York County, with 
all of North Brother’s, South Brother’s and 
Riker’s Islands. The boundaries of the 22d 
District are: W. 153d and North River to 
Harlem River, Central Bridge. E. 161st. Grand 
boulv., E. 167th, Morris av., E. 168th, Webster 
av., E. 167th, 3d av., Franklin av., E. 166th, 
Boston road, Cauldwell av., E. 158th. West* 
Chester av., Prospect av., E. 149th, East River, 
E. 138th. St. Ann’s av., E. 139th, 3d av., E. 
138th, Harlem River, E. 136th. Borough Man¬ 
hattan, 7th av, W. 141st, North River, W, 
153d. the place of beginning. 

Twenty-third District-Portions of the 
23d, 34th and 35th Assembly Districts of New 
York County. The boundaries of the 23d Dis¬ 
trict are: Beginning at North River and City 
Line between New York and Yonkers, to Bronx 
River, Pelham Southern boulv.* Freeing* 



















f 


98 


Eagle Library—CONGRESSIONAL DISTRICTS, BOUNDARIES, N. Y. CITY AND STATE 


J 



MAP OF THE 


NINTH CONGRESSIONAL! DISTRICT, RINGS AND QUEENS COUNTIES. 


av., Prospect av„ Westchester av„ H. 158th. 
Cauldwell av., Boston road. B. 166th, Frank¬ 
lin av., Sd av.. E. 167th. Webster nv. E. 168th, 
Morris av.. E. 167th. Grand bouly., E. wst. 
Central Bridge. Harlem IUver, W. 153d. Bor¬ 
ough of Manhattan, Hudson Kiver to city 
boundary line between New York and Yonker , 
the place of beginning. 

Outside Greater New York 

Twenty-fourth District— All o* City 

Island, Hunter'w. Hart’s, Twin, High, Middle 
Beef, Bat, The Bluezes and Chimney bweep 
Islands, with portions of the 32d Assembly 
District of N. Y. County and that Portion o* 
Westchester County containing cities of Yonk¬ 
ers, -Alt. Vernon, towns of Baetcheater and 
Pelham. The boundaries of the 24th District 
*re: Beginning at Bronx River at intersection 
with boundary line between New York and 
Yonkers, westerly along said boundary line to 
Hudson River to boundary line of Yonkers and 
Town of Greenburg, to boundary line between 
towns of Greenburg, Scarsdalo and Eastchester, 
thence s. e. along Scarsdale-Eastchester line, 
thence south along line between Town of 
Eastchester and City of Now Rochelle, thepce 
along said tine to intersection with boundary 
line of City of Mt, Vernon and Town of Pel¬ 
ham, and along boundary lino between City of 
New Rochelle and Town of Pelhpm to Long 
Island Sound to East River, to E, 149th st., In 
Borough of Bronx, to Prospect av. to Free¬ 
man av., to Southern boulv,, to Pelham av., 
on Pelham av, to Bronx River, along Bronx 
River to intersecting boundary line of City of 
New York and City of Yonkers, the place of 
beginning. 

Twenty-fifth District— The County of 
Rockland and County of Westchester, except 
that portion lying within the cities of Yonkers 
and Mount Vernon and the towns of Eastches¬ 
ter and Pelham as at present constituted. 

Twenty-sixth District— The counties of 
Orange, Putnam and Dutchess, 

Twenty-seventh District— The counties 
of f?ul!lvan, Ulster, Greene, Columbia and 
Schoharie. 

Twenty-eiKhth District— The County of 
Albany, and the 1st, 2d, Sd, 4th, 6th. 7th. 8th. 
Sth. 10th, 11th and 12th Wards of the City of 

^ Twenty-ninth District— All county of 
Rensselaer, except the 1st, 2d, 3d, 4th, 6th, 7th, 
8th. Sth, 10th, Uth and 12th Wards of the City 
of Troy, the counties of Washington, Saratoga 
Hid Warren. 

Thirtieth District— The counties of 
Schenectady, Montgomery, Fulton and Ham¬ 
ilton. 


Thirty-first District— The counties of 

Essex, Clinton, Franklin and St. Lawrence. 

Thirty-second District—The counties of 
Jefferson, Lewie, Oswego and Madison. 

Thirty-third District— The counties of 
Oneida and Herkimer. 

Thirty-fonrth District— The counties of 
Otsego. Delaware, Broome and Chenango. 

Thirty-fifth District— The counties of 
Onondaga and Cortland. 

Thirty-sixth District— The counties of 
Cuyuga, Wayne, Seneca, Yates and Ontario. 

Thirty-seventh District— The counties 
of Tompkins, Tioga, Chemung, Schuyler and 
Steuben. 

Thirty-eighth District— The 1st, 2d, 3d 

and 4th Assembly Districts of the County of 
Monroe, 

Thirty-ninth District— The Sth Assembly 

District of the County of Monroe and the 


Counties of Orleans, Genesee, Wyoming and 
Livingston, 

Fortieth District— The County of Niagara, 

and that part of the County of Erie comprising 
towns of Grand Island, Tonawanda, City of 
Tonawanda, and the 20th, 21st, 22d. 23d, 24th 
and 25th Wards of the City of Buffalo. 

Forty-first District —That part of County 
of Erie comprising towns of Alden, Amheret. 
Cheektowaga, Clarence, Elma, Lancaster, Ma- 
rllla and Newstead, and the 6th, 12th, 13th, 
14th, 15th, 16th, 17th, 18th, 19th, 26th and 27th 
Wards of the City of Buffalo. 

Forty-second District— That part of tho 
County of Erie comprising towns of Aurora, 
Boston, Brant, Colden, Collins, Concord, East 
Hamburg. Eden, Evans, Hamburg, Holland, 
North Collins, Sardinia, Wales and West 
Seneca, the City of Lackawanna, and tho 1st, 
2d, 3d, 4th, Sth, 7th, 8th. 9th, 10th and 11th 
Wards of the City of Buffalo. 

Forty-third District— The counties of 
Chautauqua. Cattaraugus and Allegany. 



MAP OF THE TENTH CONGRESSIONAL DISTRICT, KINGS COUNT!. 




























Th« Em tie library, 


Revised Constitution of the State of New York 


How the Revised Constitution Will Be Submitted 


In order to become effective the 
revised Constitution must be rati¬ 
fied by the voters on Election Day, 
November 2, 1915. The referen¬ 
dum is in the form of these three 
questions: 

Question 1-—Shall the revised 
Constitution submitted by the 
Constitutional Convention, not in¬ 
cluded in Questions 2 and 3, be 
approved? 

Question 2—Shall the pro¬ 
posed amendments, submitted by 
the Constitutional Convention, to 
Sections 2, 3, 4 and 5 of Article 
III, relating to legislative appor¬ 
tionment, be approved? 

Question 3—Shall the new 
Article X, submitted by the Con¬ 
stitutional Convention, relating to 
taxation, be approved? 

The second question has refer¬ 
ence to changes made in the rules 
which are to govern in the reap¬ 
portionment of Senate and Assem¬ 


bly districts by next year’s Legis¬ 
lature. This matter will be sub¬ 
mitted separately, in deference to a 
demand by the Democratic dele¬ 
gates from New York City, who de¬ 
clared that New York City has been 
discriminated against in the provi¬ 
sions made for representation in 
the Legislature. 

The revised sections of Article 
III do little besides maintain the 
status quo with regard to the rep¬ 
resentation of New York City. A 
negative answer would be little 
more than a protest against the re¬ 
fusal of the Constitutional Con¬ 
vention to heed the demand of the 
New York members for a more 
equitable arrangement. 

Should a majority of the electors 
voting on this proposition answer 
the question in the negative, the 
provisions of the present Constitu¬ 
tion, would continue in force. 

By their answers to the third 
question, voters -would indicate 
their approval or disapproval of 


the new article on taxation. Fear 
that the enhanced powers it con¬ 
fers on the State Tax Commission 
might engender opposition in the 
rural sections of the State strong 
enough to jeopardize the new Con¬ 
stitution at the polls led the Con¬ 
stitutional Convention to direct 
that it should be submitted sepa¬ 
rately. 

The answers to Question 1 carry 
all the remainder of the revised 
Constitution. 

Two other propositions will come 
before the voters as Questions 4 
and 5. Question 4 will be on the 
proposal to amend the Constitution 
so as to give women in this State 
the right to vote. This will be a 
referendum from the Legislature, 
not from the Constitutionol Con¬ 
vention. Question 5 is on the rati¬ 
fication of a $27,000,000 bond issue 
for Barge Canal purposes, which 
was provided for by the Legisla¬ 
ture at its session this year, (See 
p. 117.) __ 


STATE) OF NEW YORK 

OFFICE) OF THE SECRETARY OF STATE 
ALBANY, SEPTEMBER 10, 1915. 

NOTICE. 

Pursuant to Chapter 668 of the T,aws of 1913 
and a resolution adopted by the Constitutional 
Convention on the tenth day of September, 1915, 
notice is hereby given that the Revised Con¬ 
stitution adopted by such Convention, of which 
the folio-win* is a copy, will be submitted to 
the people for the purpose of voting thereon 
at the general election to be held on the sec¬ 
ond day of November, 1915, In the following 
manner, that is to say: 

The submission shall be in three separate 
propositions, as follows: 

“QUESTION NO. 1. 

Reviaeil Constitution. 

Shall all of the Revised Constitution submit¬ 
ted by the Constitutional Convention not in¬ 
cluded in Question 3 and 3 be approved? 

QUESTION NO. 2. 
Legislative Apportionment. 

Shall the Proposed Amendments submitted 
by the Constitutional Convention to Sections 2, 
3, 41 and 5 of Article III relating to legislative 
apportionment be approved? 

QUESTION NO. S. 

Taxation. 

Shall the new Article N submitted by the 
Constitutional Convention relating to taxation 
be approved?” 

PRjpfCIS M. HUGO, Secretary of State. 

^EXPLANATION—flatter in it alien is new: 
matter it [ ] la‘'eld constitution, to be 

omitted, _ ...... 


PROPOSED CONSTITUTION 

OF THE 

STATE OK NEW YORK. 

We, the people of the State of New York, 
grateful to Almighty God for our freedom, in 
order to secure its blessings, do establish this 
Constitution, 

ARTICLE I. 

Section 1. No member of this state shall be 
disfranchised, or deprived of any of the rights 
or privileges secured to any citizen thereof, 
unless by the law of the land, or the judgment 
of his peers. 

Section 2. The trial by jury in all cases in 
which it has been heretofore used shall re¬ 
main inviolate forever: but a jury trial may 
be waived by the parties in all oivil cases in 
the manner to be prescribed by law. 

Section 3. The free exercise and enjoyment 
of religious profession and worship, without 
discrimination or preference, shall forever be 
allowed In this state to all mankind; and no 
person shall be rendered incompetent to bo a 
witness on account of his opinions on matters 
of religious belief; but the liberty of conscience 
hereby secured shall not be so construed as to 
excuse acts of licentiousness, or justify prac¬ 
tices inconsistent with the peace or safety of 
this state, 

Section 4. The privilege of the writ of habeas 
corpus shall not be suspended unless when, In 
cases of rebellion or Invasion, the public safety 
may require Its suspension. 

Section 5. Excessive bail shall not be re¬ 
quired nor excessive fines imposed, nor shall 
cruel and unusual punishments be inflicted, 
nor shall witnesses be unreasonably detained. 

Section 6. [No person shaii be held to answer 
for a capital or otherwise infamous crime (e] 
Except in cases of impeachment, and in cases 
of militia when in actual service, and the land 
and naval forces in time of war, or which 
this state may keep with the consent of con-, 
grees In time of peace, and in earns or petit - 


larceny, under the regulation of the legis¬ 
lature [)J, no person shall be held to 
answer for a capital or otherwise in¬ 
famous crime unless on presentment or In¬ 
dictment of a grand jury[, and]. Any per¬ 
son may, however, in the manner pre¬ 
scribed by law after examination or 
commitment by a magistrate, waive 
indictment and trial by jury on a 
charge, of felony punishable by not 
exceeding five years imprisonment, or 
of an indictable misdemeanor, all sub¬ 
sequent proceedings being had by in¬ 
formation before a superior court of 
criminal jurisdiction or a judge or 
justice thereof, [1] In any trial In any 
court whatever the party accused shall be al¬ 
lowed to appear and defend in person and with 
counsel as In civil actlons[.J, and in any 
criminal case shall have the right to 
at least one appeal. No person shall be 
subject to be twice put in jeopardy for thv 
same offense; nor shall he be compelled In 
any criminal case to be a witness against him¬ 
self; nor be deprived of life, liberty or prop¬ 
erty without due process of law; nor be 
denied the equal protection of the 
laws; nor shall private property be taken for 
public use without just compensation. 

ABSTRACT—The amendment permits a per¬ 
son charged with a crime now requiring prose¬ 
cution by Indictment to waive indictment and 
trial by jury, when the punishment does not 
exceed five years’ imprisonment. At present a 
person so charged, though willing to plead 
guilty, must wait in jail or be held on bail 
In many instances several months before enter¬ 
ing such plea until a grand jury is in session. 
This section as amended also insures at least 
one appeal in every criminal case, a right 
which Is not now secure with respect to lesser 
offenses of a criminal nature, The provision 
securing to every person the equal protection 
of the law* conforms to the check on the 
le^Itf^t^re- now Imposed- by the- <eder«V«n»4 








r 100 


Eagle Library—REVISED CONSTITUTION OF THE STATE OF NEW YORK 


Section 7. (a) When private property shall 
be taken for any public use, the .compensation 
to be made therefor, when such compensation 
is not made by the state, shall be ascertained 
Iby a jury, or] by the supreme court [with 
orj without a Jury, but not with a referee, 
or by one or more supreme court com¬ 
missioners or, within the third and 
;fourth judicial departments and such 
part of the second judicial department 
not within the city of New York by not 
less than three commissioners appointed by a 
court of record, as shall be prescribed by law. 
Where the proceedings are instituted 
by a civil division of the state, com¬ 
pensation shall be paid before such 
taking, unless the supreme court, after 
hearing , because of public necessity 
shall otherwise direct . 

( b ) Private roads may be opened in the 
manner to be prescribed by law; but in every 
case the necessity of the road and the amount 
of all damage to be sustained by the opening 
thereof shall be first determined by a jury of 
freeholders, and such amount, together with 
the expenses of the proceeding, shall be paid 
by the person.to be benefited. 

(c) General laws may be passed permitting 
the owners or occupants of swamp or agri¬ 
cultural lands to construct and maintain for 
the drainage thereof, necessary drains, ditches 
and [dykes] dikes upon the lands of others, 
under proper restrictions [and with] on 
making just compensation, which shall be 
assessed against the property benefited 
thereby, [but no special laws shall be enacted 
for such purposes. 1 

(d) The legislature may authorize cities to 
take more land and property than is needed 
for actual construction in the laying out, 
widening, extending or relocating parks, public 
places, highways or streets; provided, however, 
that the additional land and property so 
authorized to be taken shall be no more than 
sufficient to form suitable building sites abut¬ 
ting on such park, public place, highway or 
street. After so much of the land and prop¬ 
erty has been appropriated for such park, 
public place, highway or street as is needed 
therefor, the remainder may be sold or leased. 
The legislature may also authorize 
cities, for the establishment of a uni¬ 
form system of streets. to take real 
property within an abandoned street 
or highway and to sell and lease it. 

ABSTRACT—The provision allowing supreme 
court commissioners, whose office is created 
under section eight of article eight, to deter¬ 
mine the compensation where private property 
Is taken for a public use is to expedite the 
disposal of claims therefor and to have such 
matters decided by officers whose special duty 
it is to handle such matters. The provision 
does not apply to claims against the state, 
which are decided by the court of claims. 
The provision requiring a civil division to pay 
for property before taking it eliminates an 
abuse whereby, in some instances, an owner 
has not received pay for his land until years 
after he was deprived of its use. Swamp lands 
cannot be considered as agricultural lands. 
Their drainage is desirable and is permitted by 
this amendment. The provision requiring lands 
benefited by the construction of a drain to 
stand the expense thereof is to facilitate im¬ 
provements heretofore prevented by judicial 
decisions denying the right to assess such 
benefits. The final sentence of the section is 
to effectuate proper street regulation and im¬ 
provement, where streets or highways are 
abandoned, the lands lying idle and an eye¬ 
sore and it is impossible to discover the own¬ 
ers. 

Section S. Every citizen may freely speak, 
write and publish his sentiments on all sub¬ 
jects, being responsible for the abuse of that 
right; and no law shall be passed to restrain 
or abridge the liberty of speech or of the 
press. In all criminal prosecutions 0 r Indict¬ 
ments for libels, the truth may be given in 
evidence to the jury; and if it shall appear to 
the jury that the matter charged as libelous 
is true, and was published with good motives 
and for justifiable ends, the party shall be 
acquitted; and the jury shall have the right 
to determine the law and the fact. 

Section 9. No law shall be passed abridging 
the right of the people peaceably to assemble 
and to petition the government, or any de¬ 
partment thereof; nor shall any divorce be 
granted otherwise than by due judicial pro¬ 
ceedings; nor shall any lottery or the sale of 
lottery tickets, pool-selling, book-making, or 
any other kind of gambling hereafter be author¬ 
ized or allowed within this state; and the 
legislature shall pass appropriate laws to pre¬ 
vent offenses against any Qf the provisions of 
this section. 

‘Section 10. The people of this state. In their 
right of sovereignty, are deemed to possess the 
original and ultimate property in and to all 
lands within the jurisdiction of the state; and 
all lands the title to which shall fail, from 
a defect of heirs, shall revert, or escheat to 
the people. 

Section 11. All feudal tenures of every de¬ 
scription. with all their incidents, are de¬ 
clared to be abolished, saving however, all 
rents and services certain which at any time 
heretofore have been lawfully created or re¬ 
served. 

Section 12. All lands within this state are 
declared to be allodiaj, so that, subject only 


to the liability to escheat, the entire and ab¬ 
solute property is vested in the owners, ac¬ 
cording to the nature of their respective 
estates. 

Section 33. No lease or grant of agricultural 
land, for a longer period than twelve years, 
hereafter made, in which shall be reserved any 
rent or service of any kind, shall be valid. 

Section 14. All fines, quarter sales, or other 
like restraints upon alienation, reserved in any 
grant of land hereafter to be made, shall be 
void. 

Section 15. No purchase or contract for the 
sale of lands in this state, made since the 
fourteenth day of October, one thousand seven 
hundred and seventy-five; or which may here¬ 
after be made, of, or with the Indians, shall 
be valid [,] unless made under the authority, 
and with the consent of the legislature. The 
peacemakers courts of the Tonawanda 
nation, the peacemakers 9 courts and 
surrogates’ courts of the Seneca na¬ 
tion and all other agencies of the 
Indian tribes ami nations in so far 
as they exercise judicial f unctions are 
hereby abolished , and their jurisdic¬ 
tion shall vest in the courts of the 
state. All actions and proceedings 
now pending in such courts and 
agencies of the Indian nations and 
tribes shall be transferred for deter¬ 
mination to the proper courts of the 
state. Except as otherwise provided 
by the treaties of this state and the 
constitution, treaties and laws of the 
United States, all general laws of the 
state, now or hereafter in force, shall 
apply to all Indians within the state. 
The legislature shall provide for the 
preservation of the judicial records of 
the Indian tribes and nations. 

ABSTRACT—This amendment is designed to 
secure greater uniformity in the laws govern¬ 
ing Indians, to extend to them the protection 
of state laws and courts, and define their 
rights under such laws. It abolishes the In¬ 
dian courts therein named and vests their 
jurisdiction in the state courts, restoring to 
the state its jurisdiction over marriage and 
divorce heretofore conferred on two reserva¬ 
tions only and makes all general laws of the 
state applicable to Indians unless by the con¬ 
stitution, treaties or law’s of the United States 
or treaties of this state other provisions are 
made. 

Section 16. Such parts of the common law, 
and of the acts of the legislature of the 
colony of New York, as together did form the 
law of [the said] such colony, on the nine¬ 
teenth day of April, one thousand seven hun¬ 
dred and seventy-five, and the resolutions of 
the congress of [the said] such colony, and 
of the convention of the state of New’ York, 
in force on the twentieth day of April, one 
thousand seven hundred and seventy-seven, 
w’hlch have not since expired, or been repealed 
or altered; and such acts of the legislature 
of this state as are now in force, shall be and 
continue the law of this state, subject to such 
alterations as the legislature shall make con¬ 
cerning the same. But all such parts of the 
common law, and such of the said acts, or 
parts thereof, afe are repugnant to this con¬ 
stitution, are hereby abrogated. 

Section 17. All grants' of land within this 
state, made by the king of Great Britain, or 
persons acting under his authority, after the 
fourteenth day of October, one thousand seven 
hundred and seventy-five, shall be null and 
void; but nothing contained in this constitu¬ 
tion shall affect any grants of land within 
this state, made by the authority of the said 
king or his predecessors, or shall annul any 
charters to bodies politic and corporate, by 
him or them made, before that day; or shall 
affect any such grants or charters since made 
by this state, or by persons acting under its 
authority; or shall impair the obligation of 
any debts contracted by the state, or in¬ 
dividuals, or bodies corporate, or any other 
rights of property, or any sufts, actions, rights 
of action, or other proceedings in courts of 
justice. 

Section 18. Except in the cases pro¬ 
vided for in the next section, [T] the 

right of action now existing to recover damages 
for injuries resulting in death[,] shall never 
be abrogated[;] and the amount recoverable 
shall not be subject to any statutory limita¬ 
tion. 

ABSTRACT—This amendment, comprising 
the new matter beginning with ‘‘Except/* is 
merely to make the section consistent with 
the next section (§ 19). 

Section 19- Nothing contained in this con¬ 
stitution shall be construed to limit the pow r er 
of the legislature to enact laws for the pro¬ 
tection of the lives, health or safety of em¬ 
ployees; or for the payment, either by em¬ 
ployers, or by employers and employees or 
otherwise, either directly or through a state 
or other system of insurance or otherwise, of 
compensation for injuries to or occupational 
diseases of employees or for death of em¬ 
ployees resulting from such injuries or dis¬ 
eases without regard to fault as a cause 
thereof, except w-here the injury is occasioned 
by the W’ilful intention of the injured em¬ 
ployee to bring about the injury or death of 
himself or of another, or where the injury 
results solely from the intoxication of the in¬ 
jured employee while on duty; or for the ad¬ 


justment, determination and settlement, with 
or without trial by jury, of issues which may 
arise under such legislation; or [to provideJl 
providing at the right [of] to such com¬ 
pensation, and the remedy therefor shall be 
exclusive of all other rights and remedies for 
such injuries or diseases or death, [to 
employees or for death resulting from such 
injuries; or to provide that the amount of such 
compensation for death shall not exceed a 
fixed or determinable sum; provided that] But 
all moneys paid by an employer [to his em¬ 
ployees or their legal representatives], by rea¬ 
son of the enactment of any of the laws herein, 
authorizd, shall be [held to be] deemed [a 
proper charge in] a part of the cost of 
operating the business of the employer. 

ABSTRACT—This amendment allows the 
legislature to pass a workman’s compensation 
law for occupational diseases. It permits com¬ 
pensation to the workman for such disease 
or to his dependents, if death results there¬ 
from. 

ARTICLE II. 

Section 1. Every male citizen of the age of 
twenty-one years, who shall have been a 
citizen for ninety days, and an inhabitant of 
this state one year next preceding an election, 
and for the last four months a resident of the 
county and for the last thirty days a resident 
of the election district in which he may offer 
his vote, shall be entitled to vote at such 
election in the election district of which he 
shall at the time be a resident, and not else¬ 
where, for all officers that now are or here¬ 
after may be elective by the people; and upon 
all questions which may be submitted to the 
vote of the people, provided that in time of 
war no elector in the actual military service 
of the state, or of the United States, in the 
army or navy thereof, shall be deprived of his 
vote by reason of his absence from such elec¬ 
tion district; and the legislature shall have 
power to provide the manner in which and the 
time and place at which such absent electors 
may vote, and for the return and canvass of 
their votes in the election districts in which 
they respectively reside. 

Section 2. No person who shall receive, ac¬ 
cept, or offer to receive, or pay, offer or promise 
to pay, contribute, offer or promise to con¬ 
tribute to another, to be paid or used, any 
money or other valuable thing as a compensa¬ 
tion or reward for the giving or withholding a 
vote at an election, or who shall make any 
promise to influence the giving or withholding 
any such vote, or who shall make or become 
directly or indirectly interested in any bet or 
wager depending upon the result of any elec¬ 
tion, shall vote at such election; and upon 
challenge for such cause, the person so chal¬ 
lenged, before the officers authorized for that 
purpose shall receive his vote, shall sw'ear or 
affirm before such officers that he has not 
received or offered, does not expect to receive, 
has not paid, offered or promised to pay, con¬ 
tributed, offered or promised t 0 contribute to 
another, to be paid or u?ed, any money or 
other valuable thing as a compensation or re¬ 
ward for the giving or withholding a vote at 
such election, and has not made any promise 
to influence the giving or withholding of any 
such vote, nor made or become directly or In¬ 
directly interested in any bet or wager de¬ 
pending upon the result of such election. The 
legislature shall enact laws excluding from 
the right of suffrage all persons convicted of 
bribery or of any infamous crime. 

Section 3. For the purpose 0 f voting, no 
person shall be deemed to have gained or lost 
a residence, by reason of his presence or 
absence, while employed in the service of the 
United States; nor while engaged in the naviga¬ 
tion of the waters of this state, or of the 
United States, or of the high seas; nor while 
a student of any seminary of learning; nor 
while kept at any alms-house, or other asylum 
or institution wholly or partly supported at 
public expense, or by charity; nor W'hile con¬ 
fined in any public prison. 

Section 4. Laws shall be made for the reg 
ulation of elections and for ascertalp- 
ing[, ] by proper proofs [,] the [citizens! 
electors who shall be entitled to the right 
of suffrage hereby established [, ] and for [theji 
their annual registration [of voters;], 
which [registration] shall ue completed at 
least [ten] fifteen days before each general 
election. Such registration shall not be re¬ 
quired for town and village elections except 
by express provision of law’. In cities and vil¬ 
lages having five thousand inhabitants or 
more, according to the last preceding federal 
or state census or enumeration [of in¬ 
habitants, voters], electors shall be regis¬ 
tered upon personal application only. Laws 
may be made providing for special 
registration therein on personal ap¬ 
plication before such boards or of¬ 
ficers as the legislature shall desig¬ 
nate , on a day or flays not more than 
five months prior to the day of elec¬ 
tion . of such electors as shall then 
fieclare under oath that they are en¬ 
gaged . in a regular vocation or oc¬ 
cupation which will occasion their 
absence from the county during each 
of the regular days of registration. 
Such laws shall require electors so 
specially registered to establish, orx 


NOTE.—Matter In italics is new; matter in 
brackets [ ] is to be omitted. 









Eagle Library—REVISED CONSTITUTION OF THE STATE OF NEW YORK 


101 * 


*\ le , first regular day of registration, 
their* continued right to vote in the 
election district for which they were 
registered hut shall not require fur- 
personal appearance [ ; but voters]. 

lectors not residing in such cities or vil¬ 
lages shall not be required to apply in person 
ior registration at the first meeting of the 
officers having charge of the registry of [vot¬ 
ers] electors . 

ABSTRACT—It has been claimed that an 
annual registration for general election, when 
revised for a special election, must be so re¬ 
vised at least ten days before the special elec¬ 
tion. The amendment clears up ambiguity on 
this subject and confirms the practice under 
statutes in force for the last twenty years. 
The Increase to fifteen days between registra¬ 
tion and election is to afford added time for 
checking and verifying the lists. The amend¬ 
ment also allows the enactment of law's to 
provide that a voter residing in a city or 
large village, w'here personal registration pre¬ 
vails, may register specially with designated 
officers within a period of several months be¬ 
fore the regular days of registration, if his 
vocation or occupation will take him out of 
the county on those days. The voters chiefly 
affected will be federal emjfioyees at Wash¬ 
ington, railroad men who operate trains, and 
commercial travellers, although the amend¬ 
ment is not confined in effect to those classes. 
The amendment provides that the federal 
census shall also be used in determining 
whether a city or village has over five thou¬ 
sand population. 

Section 6. All elections by the citizens, ex¬ 
cept for such tow'n officers as may by law 
be directed to be otherwise chosen, shall be 
by ballot, or by such other method as may 
be prescribed by law, provided that secrecy 
in. voting be preserved. 

Section 6. All laws creating, regulating or 
affecting boards or officers charged with the 
duty of registering [voters] electors , or of 
distributing ballots at the polls to [voters] 
electors, or of receiving, recording or count¬ 
ing votes at elections, shall secure equal 
representation of the two political parties 
which, at the general election next preceding 
that for w'hich such boards or officers are to 
serve, cast the highest and the next highest 
number of votes. All such boards and officers 
shall be appointed or elected in such manner, 
and upon the nomination of such represent- 
utives of [said] such parties respectively, a.* 
the legislature may direct. Existing laws on 
this subject shall continue until the legislature 
shall otherwise provide. This section shall not 
apply to town meetings[,] or to village elec¬ 
tions. 

ARTICLE III. 

Section 1. The legislative power of this state 
shall be vested in the senate and assembly. 

Section 2. The senate shall consist of fifty 
members except as hereinafter provided. [The 
senators elected in the year one thousand 
eight hundred and ninety-five shall hold their 
offices for three years and their successors] 
They shall be chosen for two years. The as¬ 
sembly shall consist of one hundred and fifty 
members, who shall be chosen for one year. 

ABSTRACT—The amendment simply elimin¬ 
ates the obsolete matter inclosed with brackets. 

Section 3. The state shall be divided into fifty 
districts to be called senate districts, each 
of [whom] which shall choose one senator. 
The districts shall be numbered from one to 
fifty, inclusive. 

[District number one shall consist:—(and 
then follows the description of the senate 
districts as created by the constitution of 1894, 
beginning with district number one and ending 
with district number fifty. Such division of 
the state into senate districts is not restated 
here, in full, because it has already been 
superseded by the act of the legislature, chap¬ 
ter 727 of the laws of 1907, creating the present 
senate districts, which are not affected by this 
proposed constitution. The alteration of exist¬ 
ing districts is left to the legislature of 1916.)] 

The senate districts shall remain as 
at present constituted until altered as 
hereinafter provided . 

ABSTRACT—The amendment simply elimin¬ 
ates the obsolete division of the state into 
senate districts, explained by the note enclosed 
within the above brackets, and continues the 
present senate districts, as fixed by the legis¬ 
lature in 1907. until the alteration to be made 
bv the legislature in 1916. 

Section 4. [An enumeration of the inhabitants 
of the state shall be taken under the direction 
of the secretary of state during the months of 
May and June in the year one thousand nine 
hundred and five and in the same months 
every tenth year thereafter; and the said dis¬ 
tricts shall be so altered by the legislature at 
the first regular session after the return of 
every enumeration.] 

Such senate districts shall he so al¬ 
tered by the legislature at the first 
regular session after the return of and 
based upon the state enumeration 
taken in the year one thousand nine 
hundred and fifteen arid shall remain 
unaltered until altered as hereinafter 
provided. At the regular session of 
the legislature in the year after the 

NOTE.—Matter in italics is new; matter in 
brackets [ ] is to be omitted. 


tabulation of each federal census the 
senate districts shall he altered hy the 
legislature. Senate districts altered as 
herein provided shall remain unal¬ 
tered until the time herein appointed 
for another alteration , Provided , how- 
eve i\ that if a federal census shall not 
be available for any such alteration 
the same shall he based tipon / an 
enumeration of the inhabitants of the 
state , excluding aliens , and the legis¬ 
lature shall provide for such an enum¬ 
eration for that purpose. In making 
such alterations the legislature shall 
so provide that each senate district shall 
contain as nearly as may be an equal number 
of inhabitants, excluding aliens, and be in as 
compact form as practicable [and shall re¬ 
main unaltered until the return of another 
enumeration] and shall, at all times, consist of 
contiguous territory, and no county shall be 
divided in the formation of a senate district 
except to make two, or more, senate districts 
wholly in such county. 

No town and no block in a city inclosed by 
streets or public ways shall be divided in the 
formation of senate districts; nor shall any 
district contain a greater excess in population 
over an adjoining district in the same county 
than the population of a town or block therein 
adjoining such district. Counties, tow r ns or 
blocks which, from their location, may be in¬ 
cluded in either of tw'o districts, shall be so 
placed as to make [said] such districts mo9t 
nearly equal in number of inhabitants, exclud¬ 
ing aliens. No county shall have four or more 
senators unless it shall have a full ratio for 
each senator. No county shall have more than 
one-third of all the senators; and no tw r o coun¬ 
ties or the territory thereof as [now] organ¬ 
ized on the first day of January , one 
thousand eight hundred and ninety- 
five , w'hich are adjoining counties or which 
are separated only by public waters, shall 
have more than one-half of all the senators. 
The ratio for apportioning senators shall al¬ 
ways be obtained by dividing the number of 
inhabitants, excluding aliens, by fifty and 
the senate shall always be composed of fifty 
members, except that if any county having 
three or more senators at the time of any ap¬ 
portionment [, ] shall be entitled on such ratio 
to an additional senator[,] or senators, 
such additional senator [,] or senators [,] 
shall be given to such county in addition to 
the fifty senators, and the whole number of 
senators shall be increased to that extent. 

ABSTRACT—The amendment substitutes the 
federal census for the state enumeration as 
the basis for fixing the boundaries of senate 
districts at the decennial alteration thereof, 
unless the tabulation of the federal census 
does not furnish the necessary information. 
The state enumeration, which costs about one- 
half million dollars every ten years, is there¬ 
fore eliminated, except when, as above stated, 
the tabulation of the federal census shall not 
afford the requisite information. The only 
change necessary, in the usual tabulation of 
the federal census, is to have it show the 
population of city blocks, excluding aliens. 
It therefore may be assumed that the state 
enumeration is eliminated. Under the amend¬ 
ment, the first alteration of senate districts is 
to be made by the legislature in 1916, upon the 
state enumeration of 1915. The succeeding 
alterations are to be made In the year follow¬ 
ing the tabulation of each federal census, be¬ 
ginning with the census of 1920. The reference, 
in Italics, to the first day of January, 1895, is 
to preserve the existing restriction by w'hich 
the counties of New' York, Kings and Bronx 
may not elect more than one-half of the state 
senators. 

Section 5. The members of the assembly shall 
be chosen by single districts and shall be ap¬ 
portioned by the legislature at the first regular 
session after the return of [every*! the state 
enumeration taken in the year one thou¬ 
sand nine hundred and fifteen among 
the several counties of the state [as nearly 
as mav be according to the number of their 
respective inhabitants, excluding aliens] . At 
the regular session of the legislature 
in each year in which senate districts 
shall be altered such members of the 
assembly shall again be apportioned / 
by the legislature. Apportionments of 
members of assembly shall remain un¬ 
altered until the time herein appoint¬ 
ed for another apportionment thereof . 
livery apportionment of members 
among the several counties of the state 
shall be as nearly as may be accord¬ 
ing to the number of their respective 
inhabitants . excluding aliens. 

Every county heretofore established and 
separately organized, except the county of 
Hamilton, shall always be entitled to one 
member of assembly, and no county shall 
hereafter be erected unless Its population shall 
entitle it to a member. The county of Hamil¬ 
ton shall elect with the county of Fulton 
until the population of the couny of Hamilton 
shall, according to the ratio, entitle it to a 
member. [But the legislature may abolish the 
said county of Hamilton and annex the terri¬ 
tory thereof to some other county or counties.) 

The quotient obtained by dividing the whole 
number of inhabitants of the state, excluding 
aliens, by the number of members of assembly, 
shall be the ratio for apportionment which 
ghall be made as follows: one member of as¬ 


sembly shall be apportioned to every county. 
Including Fulton and Hamilton as one county, 
containing less than the ratio and one-half 
over. Two members shall be apportioned to 
every other county. The remaining members of 
assembly shall be apportioned to the counties 
having more than two ratios according to the 
number of inhabitants, excluding aliens. Mem¬ 
bers apportioned on remainders shall be ap¬ 
portioned to the counties having the highest 
remainders in the order thereof respectively. 
No county shall have more members of assem¬ 
bly than a county having a greater number of 
inhabitants, excluding aliens. [Until after the 
next enumeration, members of the assembly 
shall be apportioned to the several counties as 
follows: (enumerates, at length, the number of 
members apportioned by the constitution of 
1894. Such apportionment is not re-stated hero 
because it has already been superseded by the 
apportionment by legislative enactment under 
chapter 727 of the laws of 1907, which Is still 
in force and not affected by this revised con¬ 
stitution. Re-apportionment is left to the legis¬ 
lature of 1916.)] 

In any county entitled to more than one 
member, the board of supervisors£, ] or if 
there be none , the board or body ex¬ 
ercising similar functions f and in any 
city embracing an entire county, or more 
than one county , and having no board of 
supervisors, the members elected from 
each county to the board of aldermen 
[the common council] or if there be none, 
the body most nearly exercising the powers 
of a board of aldermen [common council] 
shall assemble on the second Tuesday of June, 
one thousand J[eight hundred and ninety-five] 
nine hundred and sixteen , and at such 
other times as the legislature thereafter 
making an apportionment, as hereinafter 
provided , shall prescribe, and divide [such 
counties) each county into assembly dis¬ 
tricts as nearly equal in number of inhabitants, 
excluding aliens, as may be, of convenient and 
contiguous territory in as compact form as 
practicable, each of which shall be wholly with¬ 
in a. senate district formed under the same 
apportionment, equal to the number of mem¬ 
bers of assembly to which such county shall 
be entitled, and shall cause to be filed In the 
office of the secretary of state and of the 
clerk of such county, a description of such 
districts, specifying the number of each dis¬ 
trict and of the inhabitants thereof, excluding 
aliens, according to the last preceding state 
enumeration, or if no state enumeration 
shall have been taken within a period 
of five years prior to such apportion¬ 
ment, then according to the preceding 
federal census; and such apportionment 
and districts shall remain unaltered until an¬ 
other [enumeration] fed9iul census shall 
be made, las herein provided; but said di¬ 
vision of the city of Brooklyn and the county 
of Kings to be made on the second Tuesday of 
June, one thousand eight hundred and ninety- 
five, shall be made by the common council of 
the said city and the board of supervisors of 
said county, assembled in joint session.] In 
counties having more than one senate district, 
the same number of assembly districts shall be 
put in each senate district, unless the assembly 
districts cannot be evenly divided among the 
senate districts of any county, in w’hich case 
one more assembly district shall be put in 
the senate district In such county having the 
largest, or one less assembly district shall be 
put in the senate district in such county hav¬ 
ing the smallest number of inhabitants, ex¬ 
cluding aliens, as the case may require. No 
town, and no block in a city inclosed by 
streets or public ways, shall be divided In the 
formation of assembly districts, nor shall any 
district [s] contain a greater excess in popula¬ 
tion over an adjoining district In the same sen¬ 
ate district[,] than the population of a tow r n 
or block therein adjoining such assembly dis¬ 
trict. Towns or blocks w'hich[,] from their 
location may be Included in either of two as¬ 
sembly districts[,] shall be so placed as to 
make [saidj such assembly districts most 
nearly equal In number of Inhabitants, exclud¬ 
ing aliens. But in the division of cities ex¬ 
cept cities of the first class under the 
first apportionment, regard shall be had to 
i the number of Inhabitants, excluding aliens, 
of the election districts according to the state 
enumeration of one thousand [eight] nine 
hundred and [ninety-two] fifteen, so far as 
may be, instead of blocks. Nothing In this 
section shall prevent the division at any 
time[,] of counties and towns[,] and the 
erection of new counties and towns by the 
legislature. 

Assembly districts as at present con¬ 
stituted shall remain unaltered until 
altered as herein provided. 

An apportionment by the legislature [, ] or 
other body[,] shall be subject to review by 
the supreme court [,] at the suit of any 
citizen, under such reasonable regulations as 
the legislature may prescribe; and any court 
before w'hich a cause may be pending In¬ 
volving an apportionment [, ] shall give pre¬ 
cedence thereto over all other causes and pro¬ 
ceedings, and if [said] such court be not in 
session it shall convene promptly for the dis¬ 
position of the same. 

ABSTRACT—The changes effected by this 
amendment are to make the apportionment of 
members of assembly conform to the changed 










102 


Eagle-Library—REVISED CONSTITUTION OF THE STATE OF NEW YORK 


Conditions under which senate districts are to 
be altered, after each federal census, under the 
provisions of section 4. The existing apportion¬ 
ment and the assembly districts as now con¬ 
stituted are continued until the next appor¬ 
tionment of assemblymen and alteration of 
assembly districts, which are to be made In 
1916. In conformity with the home rule prin¬ 
ciple, as applied to counties, the amendment 
also provides that in any city embracing an 
entire county, or more than one county (mean¬ 
ing New York city), and having no board of 
supervisors, the members elected from any 
such county to the board of aldermen shall fix 
the boundaries of assembly districts within 
the county. At present, the members of such 
board elected from the county of Richmond, 
for Instance, have a voice in fixing the assem¬ 
bly districts in Queens county. 

Section [9J 6. The elections of senators and 
members of assembly, pursuant to the pro¬ 
visions of this constitution, shall be held on 
the Tuesday succeeding the first Monday of 
November, unless otherwise directed by” the 
legislature. 

, r§ 7 . No member of the legislature shall re¬ 
ceive any civil appointment within this state, 
or the senate of the United States, from the 
governor, the governor and senate, or from 
the legislature, or from any city government, 
during the time for which he shall have been 
elected; and all such appointments and all 
votes given for any such member for any such 
office or appointment shall be void.] 

ABSTRACT—The actual working of the sec¬ 
tion above eliminated has been to exclude 
from the public service many persons having 
exceptional qualifications for particular offices. 
The section has never hindered the appoint¬ 
ment of senators and assemblymen to offices 
not filled by the governor, governor and senate 
and legislature, nor to any office whatever 
after their legislative terms have expired. The 
effect of the elimination of the section is to 
make senators and assemblymen equally eligi¬ 
ble with other citizens for any public office. 

Section (Art. 10, § 6] 7. The political year 
and legislative term shall begin on the first 
day of January; and the legislature shall, 
every year, assemble on the first Wednesday 
in January. 

Section [6] 8. Each member of the legis- 
luture shall receive for his services an annual 
■alary of lone] two thousand five hundred 
dollars. The members of [either ]each house 
shall also receive [the sum of one dollar for 
every ten miles they shall travel] the rail- 
road fare actually . paid in going to and 
returning from their place of meeting[. once 
In each session] on the most usual route, but 
not of tenor than once each week dur¬ 
ing any session of the legislature. 
Such railroad fare shall be repaid 
only on the verified voucher of the 
member entitled thereto after audit by 
the comptroller. Senators, when the senate 
adone is convened in extraordinary session, or 
when serving as members of the court for 
the trial of impeachments, and such members 
of the assembly, not exceeding nine in number, 
as shall be appointed managers of an Im¬ 
peachment, shall receive an additional allow¬ 
ance of ten dollars a day. 

ABSTRACT—The amendment Increases to 
$2,600 per annum the salaries of senators and 
assemblymen. It also allows them their actual 
railroad fare, between their homes and Albany, 
each way once a week during any session in 
place of ten cents a mile once during a ses¬ 
sion. The salary at the present time is not 
really equal because of the difference In dis¬ 
tance from Albany of the residences of the 
members. Failure to pay his railroad fare 
puts a premium upon staying home to save 
the expense. If a member lives far from Al¬ 
bany. The present salary of $1,500 was fixed ' 
forty years ago. The inadequacy of this sum 
for meeting the increased cost of living tends 
to exclude from the legislature many com¬ 
petent and worthy citizens, whose services are 
sought to be secured by the amendment. 

Section [10.1 9. A majority of the mem¬ 
bers elected to each house shall constitute 
a quorum to do business. Each house shall 
determine the rules' of Its own procedings[, 1 
and be the judge of the elections, returns and 
qualifications of its own members[;] and 
shall choose its own officers[;], [and the] 
The senate shall choose a temporary presi¬ 
dent, The assembly shall choose a 
speaker [to preside in case of the absence 
or impeachment of the lieutenant-governor, or 
when he shall refuse to act as president or 
shall act as governor]. If the lieutenant- 
governor become governor , the tem¬ 
porary president shall become lieu¬ 
tenant-governor for the remainder of 
the term. Jf the lieutenant-governor 
be impeached or be unable to dis- 
#htdrge the duties of the office or be 
ncting governor , the temporary presi¬ 
dent shall act as lieutenant-govemor 
inuring such impeachment or inability 
or while the lieutenant-governor is 
acting governor. If the lieutenant- 
governor refuse to act as president or 
be absent from the chair . the tempo¬ 
rary president shall preside. If the 
speaker of the assembly be unable to 
perform the duties of the office or be 


^ttQTE.—Matter in italics i s new; matter in 

A 1 to v* 


acting governor, the assembly may 
choose a temporary speaker who shall 
act as speaker during such inability 
or while the speaker is acting gov¬ 
ernor or until a speaker is chosen. 

ABSTRACT—The amendment adds the speak¬ 
er of the assembly to the list of constitutional 
officers, provides for a temporary speaker and 
defines the circumstances under which the 
temporary president of the senate becomes or 
acts as lieutenant-governor. Events In the 
year 1913 disclosed the necessity of greater 
certainty in regard to the status of the tem¬ 
porary president of the senate during a vacancy 
in the office of lieutenant-governor or his in¬ 
ability to act. 

Section 10. The legislature of its 
own motion, in the manner to he pro¬ 
vided by joint rule which shall con¬ 
tinue in force until abrogated or 
amended by both the senate and the 
assembly, may convene to take action 
in the matter of removal of a judge 
of the court of appeals or justice of 
the supreme court. The assembly of 
its own motion 9 in the manner to be 
provided by rule which shall continue 
in force until abrogated or amended 
by the assembly, may convene for the 
purposes of impeachment. At a meet¬ 
ing under this section no subject shall 
be acted upon except that for which 
the meeting is herein authorized to be 
held , 

ABSTRACT—The legislature now has the 
power to remove judges of the court of ap¬ 
peals and justices of the supreme court. The 
assembly now has the power to institute im¬ 
peachment proceedings. No specific grant of 
power is given at present either to the legis¬ 
lature as a whole, or the assembly as a 
separate body, to convene specially for such 
purposes during a legislative recess or other¬ 
wise. The foregoing amendment is to rectify 
that situation. 

Section [8.] 11, [No person shall be eligible 
to the legislature, who at the time of his 
election is, or within one hundred days previous 
thereto has been, a member of congress, a 
civil or military officer under the United j 
States, or an officer under any city govern¬ 
ment. And] [if] If any person shall, after 
his election as a member of the legislature, 
be elected to congress, or appointed to any 
office, civil or military, under the government 
of the United States, or under any city gov¬ 
ernment, his acceptance thereof shall vacate 
his seat. 

ABSTRACT—The elimination of the first sen¬ 
tence confers on federal and city employees 
the right, enjoyed by other citizens, to become 
members of the legislature. The second sentence 
is retained, however, to the effect that a per¬ 
son who becomes a member of the legislature 
may not hold such office after accepting an 
office under the federal government or a city. 

Section [11.] 12. Each house shall keep a 
journal of its proceedings[,] and a record 
of its debates and promptly publish the 
same from day to day , except such parts 
as may require secrecy. The doors of each 
house shall be kept open, except when the 
public welfare shall require secrecy. Neither 
house shall, without the consent of the other, 
adjourn for more than two days. 

ABSTRACT—At present each house of the 
legislature keeps a journal, and after the 
lapse of a year and upwards the same is 
published, but neither house keeps or publishes 
a record of its debates. The purpose of the 
amendment is to give immediate and full 
publicity to all proceedings of the legislature, 
to make the reasons for action by the legis¬ 
lature matters of public record, to restore the 
art of debate to the legislature and to make 
it more of an avenue to preferment for able 
young men. 

Section [12] 13. For any speech or debate 
in either house of the legislature, the members 
shall not be questioned in any other place. 

Section [13.] 14. Any bill may originate in 
either house of the legislature, and all bills 
passed by one house may be amended by the 
other. 

Section [14.] 15. The enacting clause of all 
bills shall be “The People of the State of New 
York, represented in Senate and Assembly, do 
enact as follows:" and no law shall be enacted ! 
except by bill. 

Section [15. J 16. No bill shall be passed or 
become a law unless it shall have been printed 
and upon the desks of the members, in its 
final form, at least three calendar legislative 
days prior to its final passage!, unless the 
governor, or the acting governor, shall have 
certified to the necessity of its immediate pas¬ 
sage, under his hand and the seal of the state; 
nor shall any], Xo bill shall be passed or 
become a law, except by the assent of a 
majority of the members elected to each 
branch of the legislature[; and upon]. Im¬ 
mediately after the last reading of a bill [. 
no amendment thereof shall be allowed, and] 
the question upon its final passage shall be 
taken [immediately thereafter,] and the yeas 
and nays entered on the journal. 

ABSTRACT — The above section is changed so 
as to forbid the legislature hereafter to pass 
any bill until the lapse of three days after 
the last amendment and a reprint of the bill, 
thus removing an exception by which a bill 
may 1,0 nasre-i in less time if the go\ - | 


- --- y —“-— “ 

emor so recommends. This change insures at 
least three days’ scrutiny, by the legislature 
and the .public, of every bill in final printed 
form before It is passed, without any excep¬ 
tion. The latter part of the section is changed 
so as to remove the prohibition against amend¬ 
ment of a bill during the general debate on 
the question of its final passage. The pro¬ 
hibition has never been effective, because a 
motion to recommit, amend and report forth¬ 
with as amended is manifestly proper not¬ 
withstanding the present language. The pro¬ 
posed change restores in substance the pro¬ 
visions of the constitution of 1846, conforms to 
actual practice during the last sixty-nine years 
and simplifies and expedites procedure. 

Section [16 ] 17. No private or local bill, 
which may be passed by the legislature, shall 
embrace more than one subject, and that shall 
be expressed in the title. 

Section [17.] 18. No act shall be passed 
which shall provide that any existing law, or 
any part thereof, shall be made or deemed a 
part of [said] such act, or which shall enact 
that any existing law, or part thereof, shall 
be applicable, except by inserting it in such 
act. 

Section [18] 19. The legislature shall not 
pass a private or local bill in any of the fol¬ 
lowing cases: 

Changing the names of person*!.] / 

Laying out, opening, altering, working or 
discontinuing roads, highways or alleys, or for 
draining swamps or other low lands[.] / 

Locating or changing county seat[.]; 

* Providing for changes of venue in civil or 
criminal cases[.]; 

Incorporating villages[.]; 

Providing for election of members of boards 
of supervisors!.]/ 

Selectkig, drawing, summoning or empaneling 
grand or petit jurors{.]; 

Regulating the rate of interest on money[.]/ 

The opening and conducting of elections or 
designating places of voting!.]/ 

Creating, increasing or decreasing fees, per¬ 
centage or allowances of public officers, dur¬ 
ing the term for which [said] such officers 
are elected or appointed!.]/ 

Granting to any corporation, as¬ 
sociation or individual the right to 
prove a claim against the state or 
against any civil division thereof; 

Authorizing any civil division of the 
state to allow or pay any claim or 
accou nt; 

Granting to any corporation, association or 
individual the right to lay down railroad 
tracks!.] ; 

Granting to any private corporation, associa¬ 
tion or individual any exclusive privilege, im¬ 
munity or franchise whatever[.]; 

Granting to any person, association, firm or 
corporation an exemption from taxation on real 
or personal property!. ] / 

Providing for building bridges, and charter¬ 
ing companies for such purposes, except on 
the Hudson river below Waterford, and on 
the Bast river, or over the waters forming a 
part of the boundaries of the state. 

The legislature shall pass genera! laws pro¬ 
viding for the cases enumerated in this sec¬ 
tion, and for all other cases which in its 
judgment, may be provided for by general 
laws. Hut no law shall authorize the con¬ 
struction or operation of a street railroad 
except upon the condition that the consent of 
the owners of one-half in value of the prop¬ 
erty bounded on, and the consent also of the 
local authorities having the control of that 
portion of a street or highway upon which it 
is proposed to construct or operate such rail¬ 
road be first obtained, or in case the consent 
of such property owners cannot be obtained, 
the appellate division of the supreme court! 
in the department in which it is proposed to 
be constructed, may, upon application, appoint 
three commissioners who shall determine, after 
a hearing of all parties interested, whether 
such railroad ought to be constructed or oper¬ 
ated, and their determination, confirmed bv 
the court, may be taken in lieu of the consent 
of the property owners. 

ABSTRACT—This section, now In article 3 
as section 18, defines most of the cases in 
which the legislature is prohibited from pass¬ 
ing private or local bills. Action, if any, In 
such matters must be taken by the enactment 
of general laws. The amendment Includes in 
» * list Of matters as to which private or local 
hills may not be passed, the granting to anv 
corporation, association or Individual the right 
to prove a claim against the state or any civil 
division thereof, or authorizing a civil di¬ 
vision to allow or pay a claim or account. 

Section [19.] 20. The legislature shall neither 
audit nor allows any private claim or account 
against the state or against any civil 
division thereof , but may appropriate 
money to pay such claims and accounts 
against the state as shall have been audited 
and allowed according to law. 

ABSTRACT—This amendment la to prevent 
the legislature from auditing or allowing any 
private claim or account against a civil di¬ 
vision of the state, thus extending the existing 
provision which prohibits the legislature from 
auditing or allowing any such claim against 
the state. As to claims against the state, the 
spirit of the prohibition has been sometimes 
overlooked by the direct appropriation of 
money by the legislature to pay claims not 













Eagle Library—REVISED CONSTITUTION OF THE STATE OF NEW YORK 


103 


otherwise “audited and allowed/' The section 
as amended Mil prohibit that practice. 

Section [20] 21, The assent of two-thirds 
or the members elected to each branch of the 
legislature shall be requisite to every bill 
appropriating the public moneys or property 
for^ local or private purposes. 

So public moneys or property shall 
be appropriated for the construction 
or improvement of any building, 
bridge, highway, dike , canal, feeder 
waterway or other work until plans 
and estimates of the cost of such work 
shall hare been filed with the secre¬ 
tary of state by the superintendent of 
public works, together with a cer¬ 
tificate by him as to whether or not in 
his judgment the general interests of 
the state then require that such im¬ 
provement be made at state expense. 
This section shall not apply to the 
contributions of the state to the cost 
of eliminating grade crossings or to 
items in the budget for the construc¬ 
tion of highways from the proceeds of 
bonds authorized tinder section four 
of article nine of this constitution or 
section four of former article seven 
thereof as in force on the first day of 
January, one thousand nine hundred 
and ten . 

ABSTRACT—The second paragraph is the 
matter added to the section and comprises the 
entire amendment. Under proposed article si* 
the superintendent of public works has full 
charge of the works enumerated in the above 
amendment and it is believed that his estimates 
of money needed therefor afford the best 
source of informatton for the legislature to 
act upon in appropriating money therefor. 
Such improvements are often of incidental 
benefit to particular localities. The amendment 
is designed to have the necessity for an im¬ 
provement determined in each case on its 
merits and not by the desire of a member of 
the legislature to please the voters of his 
district. The effect or the last sentence is to 
leave the legislature free to appropriate money, 
without a certificate from the superintendent 
of public works, for eliminating gTade crossings 
and for certain highway construction. 

Section [21.] 22, No money shall ever be 
paid out of the treasury of this state or any 
of its funds, or any of the funds under it* 
management, except in pursuance of an ap¬ 
propriation by law; nor unless such payment 
be made not later than three months 
after the close of the fiscal year next 
succeeding that in which such ap¬ 
propriation was made; [within two years 
next after the passage of such appropriation 
act;] and every such law making a new ap¬ 
propriation or continuing or reviving an ap¬ 
propriation. shall distinctly specify the sum 
appropriated. and the object to which it is 
to be applied; and it shall not be sufficient for 
such law to refer to any other law to fix 
such sum. Appropriations made by the 
legislature in the year one thousand 
nine hundred and sixteen shall be j 
made for a period ending the thirtieth 
da yof June, one thousand nine hun¬ 
dred and seventeen, and thereafter the \ 
fiscal year of the state shall end on i 
the thirtieth day of June of each year, ! 
unless otherwise provided bit law . 

ABSTRACT-^Thls amendment rockets the fol¬ 
lowing changes: At present appropriations ex¬ 
pire from time to time at random through the 
year, two years from the date of their pas¬ 
sage. The amendment makes them all expire 
at a definite date one year and three months 
after the close of the fiscal year in which they j 
were made. At present the fiscal year begins 
October first. The amendment brings It to 
July first, nearer the tfme when the legislature 
adjourns. 

[I 23. Sections seventeen and eighteen of this 
article shall not apply to any bill, or the 
amendments to any bill, which shall be re¬ 
ported to the legislature by commissioners who 
have been appointed pursuant to law to revise 
the statutes.] 

ABSTRACT—This section is eliminated be¬ 
cause unnecessary. The statutory revision com¬ 
mission therein referred to have long since 
completed Its work and ceased to exist. 

Section [22] 29, No provtsion or enactment 
shall be embraced in the annual appropriation . 
or supply bill, unless it relates specifically to | 
some particular appropriation In the bill; and j 
any such provision or enactment shall be 
limited In its operation to such appropriation. 

Section 24. Every law which imposes, con¬ 
tinues or revives a tax shall distinctly state 
the tax and the object to which It is to be 
applied, and it shall not be sufficient to refer 
to any other law to fix such tax or object. 

[§ 25 On the final passage, in either house 
of the legislature, of any act which imposes, 
continues or revives a tax, or creates a debt 
or charge, or makes, continues or revives any 
appropriation of public or trust money or 
property, or releases, diechagea or commutes 
any claim or demand of the state, the question 
shaJl be taken by yeas and nays, which shall 
be duly entered upon the journals, and three- 
fifths of all the members elected to either 
house shall, in all such cases, be necessary to 
constitute a quorum therein.] 

~*NOTB.—Matter in italics is new; matter in j 
brackets [ ] is to be omitted. 1 


ABSTRACT—The elimination of this section 
Is to prevent a minority of either house of 
the legislature from defeating, by mere absence, 
the enactment of financial measures which 
have the assent of a majority of the members. 

Section [26J 29, There shall be in each 

county, exdapt in a county wholly included in 
a city, a board of supervisors, to be com¬ 
posed of such members and elected in such 
manner and for such period as is or may be 
provided by law. In a city which Includes an 
entire county, or two or more entire counties, 
the powers and duties of a board of supervisors 
may be devolved upon the municipal assembly, 
common council, board of aldermen or other 
legislative body of the city. Provided , how¬ 
ever, that the legislature, by general 
laws, may establish different forms of 
government for counties not wholly 
included in a city, any such form of 
government to become effective in any 
county only when approved by the 
electors inereof in such manner as the 
legislature may prescribe, 

Ao local or special law relating to 
a county or counties except to a coun¬ 
ty or counties wholly included within 
a city shall be enacted except upon 
request, by resolution , of the govern¬ 
ing body of the county or connties to 
be affected. 

ABSTRACT—This amendment permits the 
legislature, by general laws, to provide that 
& county, outside of New York city, may 
choose between different forms of county gov¬ 
ernment; such choice to be made by the direct 
vote of the electors of the county. Under this, 
the governing body of a county need not be a 
board of supervisors, if the legislature and 
county electors provide for a different form 
of government. The amendment also prevents 
the enactment of special or local laws relating 
to counties, located outside of such city, ex¬ 
cept upon request of the governing body of 
each county affected. 

Section [27] 2 6*. The legislature shall, by 
general laws, confer upon the boards of super¬ 
visors, or other governing bodies, of the 
several counties of the state such further 
powers of local legislation and administration 
as the legislature may, from time to time, 
deem expedient [,]. [and t| in counties which 
now have, or may hereafter have, county 
auditors or other fiscal officers, authorized to 
audit bills, accounts, charges, claims or de¬ 
mands against the county, the legislature may 
confer such powers upon [said] such auditors, 
or fiscal officers, as the legislature may, from 
time to time, deem expedient. The legis¬ 
lature may confer upon any elective 
or appointive county officer or officers 
any of the powers and duties now ex¬ 
ercised by the towns o fatty county or 
erdsed by the toivns of any county or 
to highways, public safety and. the 
i care of the poor. 

ABSTRACT—The amendment allows the 
legislature In the interest of efficiency, economy 
and uniformity of administration, to transfer 
to county officers functions with respect to 
highways, public safety and the care of the 
poor, now held to be within the province of 
town authorities. 

Section [28.] 27. [The legislature shall not 
nor shall the common council of any city nor 
board of supervisors grant any extra com¬ 
pensation to any public officer, servant, agent 
or contractor.] No extra compensation 
shall be granted or allowed to any 
public officer, servant . agent or con¬ 
tractor, by the state or any civil di¬ 
vision thereof or by any board, officer 
or other agency of the state, or of any 
such civil division, 

ABSTRACT—Extra compensation Is com¬ 
pensation in addition to that provided by law 
or by contract. The term is equivalent to 
gratuity. This section prohibits the giving 
away of public funds without legal considera¬ 
tion to parties having official or contractural 
relations with the state or any of its civil 
divisions. The necessity for this amendment 
arises from the changes made in the appro¬ 
priating and auditing authorities of cities and 
the creation of additional governmental 
agencies not covered by the present section. 

Section [29.] 28. The legislature shall, by 
law, provide tor the occupation and employ¬ 
ment of prisoners sentenced to the several 
state prisons, penitentiaries, Jails and reform¬ 
atories in the state; and on and after the first 
day of January, In the year one thousand eight 
hundred and ninety-seven, no person in any 
such prison, penitentiary. Jail or reformatory, 
shall be required or [allowed] allowed to 
work while under sentence thereto[,] at any 
trade, industry or occupation [, ] wherein or 
whereby his work, or the product or profit of 
his work, shall be farmed out, contracted, 
given or sold to any person, firm, association 
or corporation. This section shall not be con¬ 
strued to prevent the leg.stature from provid¬ 
ing that convicts may work for, and that the 
products of their labor may be disposed of to, 
the state or any [political] civil division 
thereof, or tor or to any public institution 
owned or managed and controlled by the state, 
or any [political] civil division thereof. 

ABSTRACT—The expression “political di¬ 
vision" is changed to "civil division" to con¬ 
form to other similar references in this con¬ 
stitution. 

Section 29. The legislature shall have 


the power to regulate or prohibit 
manufacturing in tenement houses, 

ABSTRACT—The power given to the legis¬ 
lature by this new section is self-explanatory. 
Without such provision, the legislature would 
probably not have the power to actually pro¬ 
hibit manufacturing in tenement houses. 

ARTICLE XV. 

Section 1. The executive power shall be ve 3 te<t 
in a governor, who shall hold his office for 
two years. A lieutenant-governor shall be 
chosen at the same time[,] and for the same 
term. [The governor and lieutenant-guvernor 
elected next preceding the time when this sec- 
j tion shall take effect, shall hold office uhtil 
| and including the thirty-first day of December, 
one thousand eight hundred and ninety-six.’ 
and their successors shall be chosen at the 
I general election in that year.] The gov- 
j ernor shall receive for his services an 
annual salary of ten thousand dollars 
until the first day of January, one 
thousand nine hundred anti seventeen, 
after which he shall receive for his 
services an annual salary of twenty 
thousand dollars. There shall be pro¬ 
vided for his use a suitable and fur¬ 
nished executive residence, 

ABSTRACT—The amendment increases th® 
governor’s salary from ten thousand to twenty 
thousand dollars per year after January first. 
1917. 

Section 2. No person shall be eligible to the 
office of governor or lieutenant-governor, ex¬ 
cept a citizen of the United States, of the ags 
of not less than thirty years, and who shall 
have been five years next preceding his election 
a resident of this state. 

Section 3. The governor and lieutenant-gov¬ 
ernor shall be elected at the times and place® 
of choosing member.? of the assembly. The 
persons respectively having the highest num¬ 
ber of votes for governor and lieutenant-gov¬ 
ernor shall be elected; but in case two or 
more shall have an equal and the highest 
number of votes for governor, or for lieutenant- 
governor, the two houses of the legislature at 
its next annual session shall forthwith, by 
joint ballot, choose one of [the said] such 
persons so having an equal and the highest 
number of votes for governor or lieutenant- 
governor. 

Section 4. The governor shall be commander- 
in-chief of the military and naval forces of 
the state. He shall have power to convene 
the legislature, or the senate only, on ex¬ 
traordinary occasions. At extraordinary ses¬ 
sions no subject shall be acted upon, except 
such as the governor may recommend for con¬ 
sideration. Tie .shall communicate by message 
to the legislature at every session the condi¬ 
tion of the state, and recommend such matters 
to it as he shall judge expedient. He shall 
transact rll necessary business w r lth the officers 
of government, civil and military. He shall 
expedite all such measures as may be resolved 
upon by the legislature, and shall take care 
that the laws are faithfully executed. [He 
shall receive for hi® services an annual salary 
of ten thousand dollars, and there shall be 
provided for his use a suitable and furnished 
executive residence.] 

ABSTRACT—The matter here eliminated It 
transferred to section one of this article, and 
there amended as stated in the note to such 
section. 

Section 5. The governor shall have the power 
to grant reprieves, commutations and pardon® 
after conviction, for all offenses except treason 
and cases of impeachment, upon such condi¬ 
tions and with such restrictions and limita¬ 
tions, as he may think proper, subject to 
such regulations as may be provided by law 
relative to the manner of applying for pardons. 
Upon conviction for treason, he shall have 
power to suspend the execution of the sentence, 
until the case shall be reported to the legis¬ 
lature at its next meeting, when the legis¬ 
lature shall either pardon, or commute the 
sentence, direct the execution of the sentence, 
or grant a further reprieve. He shall annually 
communicate to the legislature each case of 
reprieve, commutation or pardon granted, stat¬ 
ing the name of the convict, the crime of which 
he was convicted, the sentence and Its date, 
and the date of the commutation, pardon or 
reprieve. 

Section 6. [In case of the impeachment of 
tho governor or his removal from office, death. 
Inability to discharge the powers and duties 
of the said office, resignation or absence from 
the state the powers and duties of the office 
shall devolve upon the lieutenant-governor for 
the residue of the term, or until the disability 
shall, cease. ] If the office of governor be 
vacant the lieutenant-governor shall 
become governor for the remainder o? 
the term. If the governor be under 
impeachment or be unable to dis¬ 
charge the powers and duties of the 
office or he absent from the state the 
lieutenant-governor shall act as gov¬ 
ernor during su~h inability, abstrive 
or the pendency of such impeachment. 
But when the governor shall, with the oonsent 
of the legislature, be out of the state, in 
time cf war, at the head of a military force 
thereof, he shall continue commander-in-chief 
of all the military force of the state. 

ABSTRACT—This amendment clarifies this 
section and provides beyond dispute that dur- 





















104 Eagle Library—REVISED CONSTITUTION OF THE STATE OF NEW YORK 

# - - 

--—--- , 


ing the pendency of impeachment procedings 
against the governor the lieutenant-governor 
shall act. as governor. 

Section 7. The lieutenant-governor shall pos¬ 
sess the same qualifications of eligibility for 
office as the governor. He shall be * president 
of the senate, but shall have only a casting 
vote therein. [If during a vacancy of the 
office of governor, the lieutenant-governor shall 
be impeached, displaced, resign, die or be¬ 
come incapable of performing the duties of 
his office, or be absent from the state, the 
president of the senate shall act as governor 
until the vacancy be filled or the disability 
shall cease; and if the president of the senate 
for any of the above causes shall become in¬ 
capable of performing the duties pertaining to 
the office of governor, the speaker of the as¬ 
sembly shall act as governor until the vacancy 
be filled or the disability shall cease.] If the 
office of governor he vacant and there 
he no lieutenant-governor, such vac¬ 
ancy shall he filled for the remainder 
of the term at the next general elec¬ 
tion happening not less than three 
months after such vacancy occurs; 
and in any such case, until the 
vacancy he filled by election. the tem¬ 
porary president of the senate , or if 
there he none, the speaker of the as¬ 
sembly shall become governor until 
the first day of the political year next 
succeeding the election at which the 
office of governor shall he filled. If the 
office of governor he vacant and the 
lieutenant-governor he under im¬ 
peachment , or unable to discharge the 
powers anti duties of the office of gov¬ 
ernor or he absent from the state , the 
temporary president of the senate 
shall act as governor during such in¬ 
ability, absence or the pendency of 
such impeachment. If the temporary 
president of the senate he unable to 
discharge the powers and duties of 
the office of governor or he absent 
from the state the speaker of the as¬ 
sembly shall act as governor during 
such inability or absence. 

ABSTRACT—This amendment defines in de¬ 
tail the succession to the office of governor. 
It does not change the effect of the present 
constitution, relative to such succession, but 
is intended to free it from possible doubt and 
ambiguity, such as arose in the year 1913. The 
amendment also provides that a vacancy in 
the office of lieutenant-governor, occurring 
three months or more before a general election, 
shall be filled at that election. 

Section 8. The lieutenant-governor shall re¬ 
ceive for his services an annual salary of five 
thousand dollars, and shall not receive or be 
entitled to any other compensation, fee or 
perquisite, for any duty or service he may be 
required to perform by the constitution or by 
law. 

Section 9. Every bill which shall have passed 
the senate and assembly shall, before it be¬ 
comes a law, be presented to the governor; if 
he approve, he shall sign it; but if not, he 
shall return it with his objections to the house 
In which it shall have originated, which shall 
enter the objections at large on the journal, and 
proceed to reconsider it. If after such recon¬ 
sideration, two-thirds of the members elected 
to that house shall agree to pass the bill, it 
shall be sent together with the objections to 
the other house by which It shall likewise be 
reconsidered; and if approved by two-thirds of 
the members elected to that house, it shall 
become a law notwithstanding the objections 
of the governor. In all such cases, the votes 
in both houses shall be determined by yeas 
and nays, and the names of the members 
voting shall be entered on the journal of each 
house respectively. If any bill shall not be 
returned by the governor within ten days (Sun¬ 
days excepted) after it shall have been pre¬ 
sented to him. the same shall be a law in like 
manner as if he had signed it, unless the 
legislature shall, by [their] its adjournment, 
revent Its return. In which case it shall not 
ecome a law without the approval of the 
governor. No bill shall become a law after the 
final adjournment of the legislature, unless ap¬ 
proved by the governor witljin thirty days after 
such adjournment. If any bill presented to the 
governor contain several Items of appropria¬ 
tion of money, he may object to one or more 
of such items while approving of the other 
portion of the bill. In such case, he shall ap¬ 
pend to the bill, at the time of signing it, a 
statement of the items to which he objects; 
and the appropriation so objected to shall not 
take effect. If the legislature be in session, 
he shall transmit to the house in which the 
bill originated a copy of such statement, and 
the items objected to shall be separately re¬ 
considered. If on reconsideration one or more 
of such Items be approved by two-thirds of the 
members elected to each house, the same shall 
be part of the law. notwithstanding the ob¬ 
jections of the governor. All the provisions of 
this section, in relation to bills not approved 
by the governor, shall apply In cases in which 
he shall withhold his approval from any item 
or Items contained in a bill appropriating 
money. 

ARTICLE V. 

Section 1. On or before the fifteenth 


NOTE.—Matter In italics is new; matter in 
brackets [ ] is to be omitted. 


day of yovember in the year one thou¬ 
sand nine hundred and sixteen and in 
each year thereafter the head of each 
department of the state government 
except the legislature and judiciary, 
shall submit to the governor itemized 
estimates of appropriations to meet 
the financial neexls of such ilepart- 
ment, including a statement in detail 
of all moneys for which any general 
or special appropriation is desired at 
the ensuing session of the legislature, 
classified according to relative im¬ 
portance and in such form and with 
such explanation as the governor may 
require. 

The governor, after public hearing 
thereon, at which he may require the 
attendance of heads of departments 
and their subordinates, shall revise 
such estimates according to his judg¬ 
ment. 

Itemized estimates of the financial 
needs of the legislature certified by 
the presiding officer of each 7ion.se and 
of the judiciary certifiexl by the comj?- 
troller shall be transmitted to the gov¬ 
ernor before the fifteenth day of Jan¬ 
uary next succeeding for inclusion in 
the budget without revision but with 
such recommendation as he may think 
proper. 

On or before the first day of Feb¬ 
ruary next succeeding he shall sub¬ 
mit to the legislature a budget con¬ 
taining a complete plan of proposed 
expenditures and estimated revenues . 
It shall contain all the estimates so 
revised or certified and shall he ac¬ 
companied by a bill or bills for all 
proposed appropriations and reap¬ 
propriations . clearly itemized; it shall 
show the estimated revenues for the 
ensuing fiscal year and the estimated 
surplus or deficit of revenues at the 
end of the current fiscal year together 
with the measures of taxation, if any , 
which the governor may propose for 
the increase of the revenues. It shall 
be accompanied by a statement of the 
current assets . liabilities, reserves and 
surplus or deficit of the state: state¬ 
ments of the debts and funds of the 
state; an estimate of its financial con¬ 
dition as of the beginning and end of 
the ensuing fiscal year; and a state¬ 
ment of revenues and expenditures for 
the two fiscal years next preceding 
said v ear f * n form suitable for com¬ 
parison. The governor may . before 
final action by the legislature thereon, 
amend or supplement the budget. 

A copy of the budget and of any 
amendment or additions thereto shall 
be forthwith transmitted by the gov¬ 
ernor to the comptroller. 

The governor and the heads of such 
departments shall have the right , and 
it sh€ill be their duty when requested 
by either house of the legislature, to 
i appear anti be heard in respect to the 
budget during the consideration there- 
I of, an<l to answer inquiries relevant 
! thereto. The procedure for such ap¬ 
pearance and inquiries shall be pro¬ 
vided by law. The legislature may not 
alter an appropriation bill submitted 
by the governor except to strike out 
or reduce items therein; but this pro¬ 
vision shall not apply to items for the 
! legislature or judiciary. Such a bill 
when passed by both houses shall be 
a law immediately without further 
action by the governor, except that 
appropriations for the legislature anil 
judiciary shall be subject to his ap¬ 
proval as provided in section nine of 
article four. 

Xeither house shall consiiler further 
appropriations until the appropria¬ 
tion bills proposed by the governor 
shall have been finally acted on by 
both houses; nor shall such further 
appropriations be then made except 
by separate bills each for a single 
work or object, which bills shall he 
subject to the governor’s approval as 
provided in section nine of article 
four. Nothing herein contained shall 
be construed to prevent the governor 
from recommending that one or more 
of his proposed bills be passed in ad- 
x'anee of the others to supply the im¬ 
mediate of government. 

ABSTRACT—This new article makes the fol¬ 
lowing changes: At present no official budget or 
comprehensive financial program exists in this 
state, corresponding to everyday business prac¬ 
tice. The financial needs of government are 
met by appropriations passed by the legis¬ 
lature from time to time In different bills, 
which are separately submitted to the gov¬ 
ernor for his approval or veto. The new article 
is intended to introduce businesslike methods 
into the state's affairs through an annual 
budget or comprehensive fiscal plan. The gov¬ 
ernor is to receive in November of each year 
from each department except the legislature 
and the Judiciary itemized estimates showing 
the financial needs of such department for the 
ensuing year. After public hearings on such 
estimates, and after revising them, and after 
receiving but not revising similar estimates of, 


the legislature and judiciary, the governor on 
or before the first of each February shall su 
mit to the legislature all of such estimates, 
together with proposed appropriation bills a 
any proposed new measures of taxation, 
part of a comprehensive financial plan t 
state’s business during the ensuing year. » suc “ 
plan will show the estimated revenues for such 
year, and will give particulars, as to ne 
state’s financial condition for the preceding 
two years, for purposes of comparison In ex¬ 
amining the budget. Provision is made ror tne 
governor and heads of departments IT '^ e r • 
with the legislature in discussion or the budget 
and answering inquiries. The legislature may 
reduce or strike out but not increase budge 
items; and shall not consider special appropria¬ 
tion bills of its own until after the budget has 
been disposed of. The governor retains his 
items; and shall not consider special appropria¬ 
tion items except as to those revised and ap¬ 
proved by him beforehand as above specified. 

ARTICLE [V.] VI. » 

[Section 1. The Secretary of State, Comptrol¬ 
ler, Treasurer, Attorney-General and State 
Engineer and Surveyor shall be chosen at a 
general election, at the times and places of 
electing the Governor and Lieutenant-Governor, 
and shall hold their offices for two y e f™» 
except as provided in section two of this 
article. Each of the officers in this article 
named, excepting the Speaker of the Assembly, 
shall at stated times during his continuance 
in office, receive for his services a compensa¬ 
tion which shall not be increased or diminished 
during the term for which he shall have been 
elected; nor shall he receive to his use any 
fees or perquisites of office or other compensa¬ 
tion. No person shall be elected to the office 
of State Engineer and Surveyor who is not A 
practical civil engineer.] 

ABSTRACT—The elimination of this section 
is necessarj' on account of the reduction in 
number of state officers who are to be chosen 
by election, as provided in new sections 2 to 
6 , inclusive, of this article. 

[§ 2. The first election of the Secretary’ of 
State, Comptroller, Treasurer, Attorney-Gen¬ 
eral and State Engineer and Surveyor, pur¬ 
suant to this article shall be held in the year 
one thousand eight hundred and ninety-five, 
and their terms of office shall begin on the 
first day of January following, and shall be 
for three years. At the general election in the 
year one thousand eight hundred and ninety- 
eight, and every two years thereafter, their 
successors shall be chosen for the term of two 
years. ] 

ABSTRACT—The abstract under bracketed 
section one will also apply to the section above 
eliminated. 

[§ 3. A Superintendent of Public Works shall 
be appointed by the Governor, by and with 
the advice and consent of the Senate, and hold 
his office until the end of the term of the 
Governor by whom he was nominated, and 
until his successor Is appointed and qualified. 
He shall receive a compensation to be fixed by 
law. He shall be required by law to give 
security for the faithful execution of his office 
before entering upon the duties thereof. He 
shall be charged with the execution of all 
laws relating to the repair and navigation of 
the canals, and also of those relating to the 
construction and improvement of the canals, 
except so far as the execution of the laws 
relating to such construction or improvement 
shall be cohflded to the State Engineer and 
Surveyor; subject to the control of the Legis¬ 
lature, he shall make the rules and regulations 
for the navigation or use of the canals. Ho 
may be suspended or removed from office by 
the Governor, whenever, in his judgment, the 
public interest shall so require; but in case 
of the removal of such Superintendent of Public 
Works from office, the Governor shall file with 
the Secretary of State a statement of the 
cause of such removal, and shall report such 
removal and the cause thereof to the Legis¬ 
lature at its next session. The Superintendent 
of Public Works shall appoint not more than 
three assistant superintendents, whose duties 
shall be prescribed by him, subject to .modifi¬ 
cation by the Legislature, and who shall re¬ 
ceive for their services a compensation to be 
fixed by law. They shall hold their office for 
three years, subject to suspension or removal 
by the Superintendent of Public Works, when¬ 
ever, in his judgment, the public interest shall 
so require. Any vacancy in the office of any 
such assistant superintendent shall be filled 
for the remainder of the term for which he 
was appointed, by the Superintendent of Public 
Works; but In case of the suspension or re¬ 
moval of any such assistant superintendent by 
him, he shall at once report to the Governor, 
in writing, the cause of such removal. All 
other persons employed in the care and man¬ 
agement of the canals, except collectors of 
tolls, and those in the department of the State 
Engineer and Surveyor, shall be appointed by 
the Superintendent of Public Works, and be 
subject to suspension or removal by him. The 
Superintendent of Public Works shall perform 
all the duties of the former Canal Commission¬ 
ers, and Board of Canal Commissioners, as 
now declared by law, until otherwise provided 
by the Legislature. The Governor, by and 
with the advice and consent of the Senate, 
shall have power to fill vacancies In the office 
of Superintendent of Public Works; if the 

















/ 


Eagle Library—REVISED CONSTITUTION OF THE STATE OF NEW YORK 


105 1 


Senate be not in session, he may grant com- 
inlsjlens which shall expire at the end of the 
session of the Senate. ] 

ABSTRACT—The powers and duties 0 f the 
superintendent of public works and state eng¬ 
ineer asurveyor, under this eliminated sec- 

* n V iocluded In the powers ana duties 
or the tint ruimed officer under 

subdivision t. j, — 

[§ 4. A Superintendent of State Prl*yn^n*ui 
He appointed by the Governor, by and •with 
a ^ t vi£e and consent of the Senate* and 
Hold his office for five years, unless - sooner 
removed; he shall give security in such amount 
and with such sureties as shall be required 
by law for the faithful discharge of his duties- 
he shall have the superintendence, management 
and control of state prisons, subject to such 
laws as now exist 0 r may hereafter be enacted- 
he shall appoint the agents, wardens, phy¬ 
sicians and chaplains of the prisons. The agent 
and warden of each prison shall appoint all 
other officers of such prison, except the clerk 
subject to the approval of the same hy the 
Superintendent. The Comptroller shall appoint 
the clerks of the prison* The Superintendent 
snail have all the powers and perform all the 
duties not inconsistent herewith, which were 
formerly had and performed bv the inspectors 
of State Prisons. The Governor may remove 
the Superintendent for cause at any time, giv¬ 
ing to him a copy of the charges against him 
and an opportunity to be heard in his de¬ 
fense.} 

ABSTRACT—The secretary of charities and 
corrections, under new section 2, subdivision 
10, is given supervision of the matters hereto¬ 
fore confided to the superintendent of state 
prisons under the above eliminated section- and 
the office of superintendent of state prisons as 
a constitutional office, Is not continued after 
the expiration of the term of the present en¬ 
cumbent. 

[§ 5. The Lieutenant-Governor, Speaker of 
the Assembly, Secretary of State, Comptroller 
Treasurer, Attorney-General and State Eng¬ 
ineer and Surveyor shall be the commissioners 
of the land office. The Lieutenant-Governor 
Secretary of State, Comptroller, Treasurer and 
Attorney-General shall be the commissioners 
of the canal fund. The canal board shall con¬ 
sist of the commissioners of the canal fund 
the State Engineer and Surveyor- and the 
Superintendent of Public Works.] 

ABSTRACT—See abstract under new section 
8, below. 

[§ 6. The powers and duties of the respective 
boards, and of the several officers i n this 
article mentioned, shall be such as now are 
or hereafter may be prescribed by law.] 

ABSTRACT—The provisions of this elimin¬ 
ated section are now covered by new section 
S, below. 

[§ 7. The Treasurer may be suspended from 
office by the Governor, during the recess of the 
Legislature, and until thirty days after the 
commencement of the next session of the Legis¬ 
lature, whenever It shall appear to him that 
such Treasurer Has. in any particular, violated 
his duty. The Governor shall appoint a com¬ 
petent person to discharge the duties of the 
office during such suspension of the Treas¬ 
urer. ] 

ABSTRACT—The removal of the treasurer 
Is covered by new sections 4 and 6, below. 

[Old secs. 8 and 9 are now sections 9 and 10 
of article 13, without change.] 

Section 1. There shall hr the follow¬ 
ing civil departments in the state gov¬ 
ernment: (1) law, (2) finance, ( 3 ) 
accounts, (4) treasury, (3) taxation 
(6) state, (7) public works. (S) health 
(9 agriculture. (10) charities anil 
corrections, (It) banking, (12) insur¬ 
ance, (13) labor anil industry, (14) 
education . (13) public utilities. (16) 
conservation and (17) civil service. 

Section 2. (1) The head of the de¬ 
partment of law shall be the attor¬ 
ney-general . He shall be elected at 
the same time and for the same term 
as the governor . 

(2) The head of the department of 
finance shall be the comptroller. He 
shall be elected at the same time and 
for the same term as the governor. 
Excepting the powers of examination 
and verification of accounts vested in 
the department of accounts, he shall 
have the ore sent powers and duties of 
the comptroller, subject to the author¬ 
ity of the legislature to increase 
modify or diminish the same, 

(3) The head of the department of 
accounts shall be the commissioner of 
accounts. He shall have power to ex¬ 
amine and verify all accounts show¬ 
ing the financial transactions of the 
state and its several departments and 
officers. He shall also make such spe - I 
dal examinations and reports as from ! 
time to time may be required by 
resolution of either house of the legis¬ 
lature. 

(4) The head of the department of 
the treasury shall be the treasurer. 

(5) The head of the department of 
taxation shall he a state tax commis¬ 
sion. 

(6) The head of the department of 

r——-• 

NOTE,—Matter in italics is new; matter In 
brackets I ] is to be omitted. 


department of 
super in ten dent 

department of 
superintendent 


not receive 
auisites of 
lion. 

Section 6. 


state shall be the secretary of state. 

He shall be the keeper of the great 
seal and of the records and archives 
of the state, shall issue writs of elec- 
tion and certify the results. 

# f *)' The head of the department of 
public works shall be the superin¬ 
tendent of public works. He shall 
have the construction, care, mainten¬ 
ance. and operation of the state's 
public works, including canals, high¬ 
ways f and all public buildings not 
from time to time assigned by law to 
ar }V other department, find shall pro¬ 
vide for the needs of the several state 
departments in engineering and 
architecture. 

(8) The head of the department of 
health shall be the commissioner of 

health 

"(9) The heard of the department of 
agriculture shall be the commissioner 
°f agriculture, 

(10) The head of the department of 
charities and corrections shall be the 
secretary of charities and corrections. 

He shall have power of inspection and 
supervision of all state charitable in¬ 
stitutions, state hospitals for the in¬ 
sane, state prisons and other state 
correction a l institutions. 

(11) The head of the 
banking shall be the 
of banks. 

, (12) The head of the 
insurance shall be. the 
of insurance * 

(13) The head of the department of 
labor and industry shall be an in¬ 
ti u stria l com mission o r com missioner 
as may be provided by law. Commis¬ 
sioners shall be appointed by the gov¬ 
ernor by and with the advice and con¬ 
sent of the senate. 

(14) The department of education 
shall be administered by the univers¬ 
ity of the state of New York. The i senate by 
chief administrative officer of the dr- j members 
part ment shall be appointed by the 
regents of-+~:e university. 

(13) The departmentof public util¬ 
ities shall consist of two public serv¬ 
ice commissions. Commissioners shall 
he appointed by the governor by and 
with the advice and consent of the 
senate. The governor may remove any 
commissioner for cause after service 
upon him of a written statement of the 
alleged cause and an opportunity to 
be heard thereon. Until the legis¬ 
lature shall otherwise provide, the ex¬ 
isting commissions are continued wirh 
the jurisdiction and powers at present 
vested in them. 

(16) The department of conservation 
shall be under the direction of the con- 
servation commissio n. 

(17) The department of civil service 
shall be under the direction of a civil 
service com mission consisting of three 
commissioners . They shall be ap¬ 
pointed by the governor by and with 
the advice and consent of the senate, 
for terms of six years, and shall he so 
classified that one shall go out of of¬ 
fice at the end of every two years. 

The governor may remove any com¬ 
missioner for cause after service upon 
him of a written statement of the al¬ 
leged cause and an opportunity to be 
heard thereon. The commission shall 
take care that the provisions of this 
constitution relating to civil service 
and of laws enacted thereunder are 
faithfully observed and enforced. 

Section 3. At the session immediately 
following the adoption of this consti¬ 
tution, the legislature shall provide 
by law for the appropriate assign¬ 
ment x to take effect not earlier than 
the fi”st flay of January. one thousand 
nine hundred and seventeen , of all the 
civil administrative and executive 


ers and duties of the several depart¬ 
ments. boards, commissions and offices 
now existing are continued. Subject 
to the power of the legislature to re¬ 
duce the number of officers, when the 
flowers and duties of any existing of¬ 
fice are assigned to any department, 
the officers exercising such powers 
shall continue in office in such depart¬ 
ment, and their term of office shall 
not be shortened by such assignment. 

Section 4. The heads of all depart¬ 
ments and the members of all com¬ 
missions 'unless otherwise provided in 
this constitution shall be appointed 
by the governor and may be removed 
by him in his discretion. 

Section 5. The attorney-general and 
comptroller may be removed from of¬ 
fice by impeachment in the same man¬ 
ner as the governor . A vacancy in 
the office of attorney-general or of 
comptroller shall be filled for the re¬ 
mainder of the term at the next gen¬ 
eral election happening not less than 
three months after such vacancy oc¬ 
curs. Until the vacancy be so filled 
by election, the governor, or if the 
senate be in session, the governor by 
and with the advice and consent of the 
senate, may fill such vacancy by ap¬ 
pointment which shall continue until 
the first day of the political year next 
succeeding the election at which such 
office may be filled. The compensation 
provided by law for each of such of- 
j fleers shall not be increased or dim¬ 
inished during the term for which he 
shall have been elected and he shall 
to his use any fees or per- 
office or other compensa- 


functions of the state government, ex¬ 
cept those of assistants in the office of 
the governor, to the several depart¬ 
ments in this article provided. Sub¬ 
ject to the limitations contained in 
this constitution the legislature may 
from time to time assign by law new 
powers and functions to departments, 
officers. boards or commissions con¬ 
tinued or created under this constitu¬ 
tion, and increase, modify or (diminish 
their powers and functions. No specific 
grant of power herein to a depart¬ 
ment shall prevent the legislature 
from conferring additional powers 
upon such department. No new de¬ 
partments shall be created hereafter. 
Any bureau, board, commission or 
office hereafter created except as¬ 
sistants in the office of the governor 
shall be placed in one of the depart¬ 
ments enumerated in this article. The 
elective state officers in office at the 
time this constitution takes effect shall 
continue in office until the end of the 
terms for which they were elected. 
Vending the assignment of the civil 
administrative and executix'e func¬ 
tions by the legislature pursuant to 
the direction of this section, the pow¬ 


til appointed heads of de- 
| partments shall be subject to imj>each- 
j ment in the same 'manner as the gov- 
| ernor or they may be removed by the 
vote of two-thirds of all the 
elected thereto. A vacancy 
occurring in a board or commission 
appointed by and with the advice and 
consent of the senate for a fixed term 
shall be filled for the unexpired term 
in the same manner as an original ap¬ 
pointment, except that a vacancy oc¬ 
curring or existing while the senate is 
not in session shall be filled by the 
governor by appointment for a term 
expiring at the end of twenty days 
from the commencement of the next 
meeting of the senate. 

Section 7. The lieutenant-governor, 
speaker of the assembly, secretary of 
state, attorney-general. comptroller, 
treasurer and superintendent of pub¬ 
lic works shall constitute the canal 
board and be the commissioners of the 
land office and the commissioners of 
the canal fund. 

Section S. This article shall not ap¬ 
ply to the military or naval affairs or 
forces nor to property from time to 
time devoted to military or naval pur¬ 
poses. 

ABSTRACT—The foregoing new article is 
what is known as the “short ballot" amend¬ 
ment. It reduces the number of elective state 
officers from seven to four, leaving only the 
governor, lieutenant-governor, comptroller and 
attorney-general to be chosen by the voters of 
the state. The secretary of state and treas¬ 
urer are to be appointed by the governor. 
After January 1, 1917, the office of state eng¬ 
ineer and surveyor is abolished. All of the 
present elective state officers, however, are 
continued in office until that date, when* their 
present terms expire. Aside from reducing the 
number of state officers and shortening the 
list of candidates with which the voter is 
confronted on election day the article makes 
the following important changes in existing 
conditions: Seventeen state departments, no 
more and no less, are created for the exercise 
of all the civil executive and administrative 
functions of the state, now scattered through 
150 bureaus, departments, commissions, boards 
officers and other agencies. Such functions are 
to be so classified that there shall be no dup- 
f lication of activity by two or more depart¬ 
ments relative to the same subject. Under the 
existing unsystematic arrangement, it often 
occurs that a number of different authorities 
have powers and duties respecting the same 
subject; with the result that the public is 
harassed by many inquisitions and regulations, 
the public funds are wasted by duplication of 
work and it is impossible to know, in many 
cases,, where the function of one officer begins 
and of another leaves off. The amended article 
is to correct this evil. Section 2 defines the 
heads of the several departments and in some 
cases prescribes powers and duties. When the 
powers and duties of a department are so 
defined, the legislature may not interfere there¬ 
with in its general distribution of functions 
among the departments. An inspection of the 
text will show clearly the effect of provisions 
relating to removals from office and filling 
vacancies. Tt will be noted that the appoint¬ 
ment of heads of departments having both 
legislative and administrative functions must 
receive the concurrence of the senate. Those 
departments are Labor and Industry, Public 
Utilities, Conservation and Civil Service, For 
























106 


Eagle Library—REVISED CONSTITUTION OF THE STATE OF NEW YORK 


the manner of appointing conservation com¬ 
missioners see next article. New section 7 is 
a substitute for old section 5 of present article 
b. 11 eliminates the state engineer and sur¬ 
veyor from membership in the canal board and 
from the office of commissioner of the canal 
fund and of the land office and substitutes the 
superintendent of public works. 

ARTICLE VII. 

Section 1. The department of con- 
nervation shall consist of nine com¬ 
missioners to serve without compensa¬ 
tion and to he appointed by the gov¬ 
ernor by and with the advice and con¬ 
sent of the senate for terms which 
shall expire in nine successive years, 
the first ending on the first day of 
January, one thousand nine hundred 
and seventeen, and their successors 
shall be appointed for terms of nine 
years. Vacancies shall be filled for 
the unexpired, term. One commission¬ 
er shall reside in each judicial dis¬ 
trict.. \o person sit all be eligible to 
or shall continue to hold the office of 
commissioner^ tvho is engageii in the 
business of lumbering in any forest 
preserve county or who is engaged in 
any busi ness in the prosecution of 
tvhjeh hydraulic power is used or in 
which water is distributed, or sold un¬ 
der any public franchise or who is an 
officer or Polder of the stock or bonds 
vi any corporation engaged in such 
business within the state. They shall 
be subject to removal by the governor 
on eh urges, after an opportunity to 
be heard. Subject to the limitations 
in this constitution contained, the de¬ 
partment shall be charged with the. 
development and protection of the 
natural resources of the state; the en¬ 
couragement of forestry and the sup¬ 
pression of forest fires throughout the 
state; the exclusive rare, maintenance 
and administration of the forest pre¬ 
serve; the conservation, prevention of 
pollution, and regulation of the 
waters of the state: the protection and 
propagation of its fish . birds, game, 
shellfish and Crustacea, except -mi¬ 
gratory fish of the sea within the 
limits of the marine district, with the 
power, subject to the veto within thir¬ 
ty days of the governor, to enact reg¬ 
ulations i vith respect to the talcing 
possession, sale and transportation 
thereof , which shall have the force of 
law, when filed in the office of the 
department of state and published as 
the legislature may provide, until and 
unless the legislature shall thereafter 
modify such regulations. The depart¬ 
ment shall also be entrusted with the 
enforcement of the general laws of 
the state respecting the subjects here¬ 
inbefore enumerated and exercise such 
additional powers as from time to 
time may be conferred by law • The 
department shall appoint and may at 
pleasure remove a superintendent. It 
may also appoint all other necessary 
s u bordi nates. 

Section 2. [Old matter is first two sen¬ 
tences of former section seven of former article 
seven.] The lands of the state, now owned 
or hereafter acquired, constituting the forest 
preserve as now fixed by law, shall be forever 
kept as wild forest lands. They shall not be 
leased, sold or exchanged, or be taken by any 
corporation, public or private, nor shall the 
trees and timber thereon be sold, removed or 
destroyed. The department is, however, 
empowered to reforest lands in the 
forest preserve, to construct fire trails 
thereon, and to remove dead trees and 
dead timber therefrom for purposes of 
reforestation anti fire protection sole¬ 
ly, but shall not sell the same, froth¬ 
ing herein contained shall prevent the 
state from constructing a state high¬ 
way from Saranac Lake in Franklin 
county to Long Lake in Hamilton 
county and thence to Old Forge in 
Herkimer county by way of Blue 
Mountain lake and Bacquette lake. 

Section 3. [(Part of former section seven 
of former article seven, without change.) but 
t] The legislature may by general laws pro¬ 
vide for the use of not exceeding three per 
centum of such lands for the construction and 
maintenance of reservoirs for municipal water 
supply, for the canals of the state and to 
regulate the flow of streams. Such reservoirs 
shall be constructed, owned and controlled by 
the state, but such work shall not be under¬ 
taken until after the boundaries and high flow 
lines thereof shall have been accurately sur¬ 
veyed and fixed, and s after public notice, hear¬ 
ing and determination that such lands are re¬ 
quired for such public use. The expense of 
any such Improvements shall be apportioned 
on the public and private property and munici¬ 
palities benefited to the extent of the benefits 
received. Any such reservoir shall always be 
operated by the state and the legislature shall 
provide for a charge upon the property and 
municipalities benefited for a reasonable re- 


NOTE-Matter in italics is new; matter In 
brackets [ ] is to be omitted. 


turn to the state upon the value of the rights 
and property of the state used and the services 
of the state rendered, which shall be fixed for 
terms of not exceeding ten years, and be re- 
adjustable at the end of any term. Unsanitary 
conditions shall not be created or continued 
by any such public works. 

Section 4. The legislature may 
authorize the use by the city of frew 
York for its municipal water supply 
of lands now belonging to the state 
located in the towns of Hurley and 
Shandaken in the county of Vlster 
and in the town of Lexington in the 
county of Greene, for Just compensa¬ 
tion. 

Section 3. The legislature shall an¬ 
nually make provision for the pur¬ 
chase of real property within the 
Adirondack and (atsklll parks as de¬ 
fined by law. the reforestation of lands 
and the making of boundary and 
va luatio n sur veys. 

Section 6*. [Last sentence of former sec¬ 
tion seven of former article seven. ] A viola¬ 
tion of any of the provisions of this [sec¬ 
tion] article may be restrained at the suit 
of the people or, with the consent of the 
supreme court in appellate division, on notice 
to the attorney-general at the suit of any 
citizen. 

ABSTRACT—This article is new, except as 
to existing section 7 of article 7, which is 
distributed through the new article as in¬ 
dicated in the text. The article provides for 
nine commissioners to serve without compensa¬ 
tion and to be appointed for terms to expire 
in nine successive years, their successors to 
be appointed for terms of nine years each, one 
of whom shall reside in each judicial district. 
They constitute the head of the department 
of conservation. This department is charged 
with the development and protection of the 
natural resources of the state, the encourage¬ 
ment of forestry and the suppression of forest 
fires throughout the state, the exclusive care, 
maintenance and administration of the forest 
preserve, the conservation, prevention of pol¬ 
lution and regulaiion of the waters of the 
state, the protection and propagation of its 
fish, birds, game, shell-fish and Crustacea, ex¬ 
cept migratory fish of the sea within the limits 
of the marine district. The article continues 
the provision that the forest preserve shall be 
forever kept as wild forest lands; provision 
is made, however, for removing dead timber 
for purposes of reforestation and fire protection 
only, and the construction of a necessary high¬ 
way is permitted. The legislature is required 
to make annual provision for the purchase of 
real property within the Adirondack and Cats- 
kill parks, the reforestation of lands and the 
making of boundary and valuation surveys, 
and the violation of any of the provisions of 
the urticle may be restrained at the suit of 
the people or of any citizen. 

ARTICLE [VI ] VIII. 

Section 1. The supreme court is continued 
with general jurisdiction in law and equity, 
subject to such appellate jurisdiction of the 
court of appeals as now is or may be pre¬ 
scribed by law not inconsistent with this 
article. The existing judicial districts of the 
state are continued until changed as herein¬ 
after provided. The supreme court shall con¬ 
sist of the justices [nowl in office on the 
first day of January, one thousand 
nine hundred and sixteen, and suc¬ 
cessors of the three justices transfer¬ 
red to the court of appeals as in this 
article provided, and of two addition¬ 
al justices who shall reside in and be 
chosen by the elector's of the first 
judicial district, and their successors, 
together with such additional justices 
as may he authorized bit the legis¬ 
lature pursuant to the provisions of 
this article, land of the judges transferred 
thereto by the fifth section of this article, 
all of whom shall continue to be justices of 
the supreme court during their respective 
terms, and of twelve additional justices* who 
shall reside in. and be chosen by the electors 
of, the several existing judicial districts, three 
in the first district, three in the second, and 
one in each of the other districts; and of their 
successors. I The successors of said justices 
shall be chosen by the electors of their re¬ 
spective judicial districts. The legislature may 
alter the judicial districts once after every 
federal census or state enumeration [un¬ 
der the constitution, of the inhabitants of the 
state,] and thereupon reapportion the justices 
to be thereafter elected in the districts so 
altered. The legislature may from time to 
time further increase the number of justices 
in any judicial district except that the number 
of justices in the first, [and] second and 
ninth districts [or in any of the districts 
into which the second district may be divided,] 
shall not be thereby Increased to exceed one 
justice for each eighty thousand, or fraction 
over forty thousand of the population thereof, 
as shown by the last [state, or] federal or 
state census or enumeration, and except that 
the number of justices in any other district 
shall not be increased to exceed one Justice 
foi* each sixty thousand or fraction over thirty- 
five thousand of the population thereof as 
shown by the last [state orl federal or state 
census or enumeration. [The legislature may 


erect out of the second judicial district 
now constituted, another judicial district and 
apportion the justices in office between th« 
districts, and provide for the election of ad¬ 
ditional justices in the new district not ex¬ 
ceeding the limit herein provided.] 

ABSTRACT—This section is amended so a» 
to provide for three supreme court justices to 
succeed that .number, who, at present, are 
sitting in the court of appeals by designation 
of the governor, and who, by section 9. be¬ 
come Judges of the court of appeals until the 
expiration of the terms for which they were 
elected justices of the supreme court, and for 
the election of two additional justices of the 
supreme court to be chosen in the first judicial 
district in order to supply the increased num¬ 
ber of justices required for the appellate 
division in the first department under the pro¬ 
visions of section 2. the insertion of the 
• federal census” is occasioned by the possible 
elimination of the state enumeration under sec¬ 
tion 4 of article 3. The further changes in 
section 1 are those involved in striking out the 
portions which have become obsolete by rea¬ 
son of the creation of the ninth judicial dis¬ 
trict out of the former second district. 

Section 2. [The legislature shall divide the 
state I The presen t division of the statu 
into four judicial departments is continued. 

I The first department shall consist of the 
county of New York; the others shall be bound- 
ed by county lines, and be compact and equal 
in population as nearly as may be.] Ono* 
every ten years the legislature may alter the 
judicial departments, but without increasing 
the number thereof. They shall be bound- 
ed bit county lines , and be compact 
and equal in population as nearly as 
may be. [There shall be an] The appellate 
divisions of the supreme court are con¬ 
tinued and shall consist [ing] of [seven | 
not less than ten nor more than twelve 
justices in the first department, seven jus¬ 
tices in the second department and Jof] 
five justices in each of the other departments. 
The justices heretofore designated 
shall continue to sit in the appellate 
divisions until the terms of their 
designations respectively expire . The 
appellate division in the first depart¬ 
ment may sit in two parts, in which 
case the presiding justice shall assign 
the justices who from time to time 
shall sit in each part. The presiding 
justice may preside in either part and 
lie shall designate the justice to pre¬ 
side in either part when he is not 
present. In each appellate division or 
part thereof [department] four shall con¬ 
stitute a quorum, and the concurrence of three 
shall bo necessary to a decision. No more 
than five justices shall sit in any case. [ Prom 
nil the justices elected to the supreme court 
the governor shall designate those who shall 
constitute the appellate division in each de¬ 
partment; and he] 

The governor shall designate the presiding 
justice of each department [thereof], who 
shall act as such during his term of office I I 
and shall be a resident of the department. The 
other justices shall be designated by the 
governor from all the justices elected 
to the supreme court for term9 of five 
years or the unexpired portions of their re¬ 
spective terms of office, if less fhait five years. 
From time to time as the terms of [such] the. 
designations expire, or vacancies occur, the 
governor [he] shall make new designations. 
A majority of the justices so designated to sit 
in the appellate division, in each department 
shall be residents of the department. Ten 
justices shall be designated to sit in 
the appellate division in the first de¬ 
partment,, but in case the presiding 
justice thereof at any time shall certi¬ 
fy to the governor that the interests 
of justice so require the governor 
shall designate two addiitonal justices 
to sit therein. [He may also make tem¬ 
porary designations in] In case of the ab¬ 
sence or inability to act of [any] a justice 
of any [in the] appellate division, the pre¬ 
siding justice thereof may assign any 
of the justices of the supreme court 
to sit in the appellate division during 
•iUCh absence or inability, but no jus¬ 
tice shall be so designated to sit longer 
than four months in any year, [or] In 
case the presiding justice of any appellate 
division shall certify to [him] the governor 
that one or more additional justices are needed 
for the speedy disposition of the business be* 
fore itj.] the governor shall designate 
such additional justice or justices . 
Whenever the appellate division in any de¬ 
partment shall be unable to dispose of its 
business within a reasonable time, a majority 
of the presiding justices of the several depart¬ 
ments at a meeting called by the presiding 
justices of the department in arrears [mayl 
shall transfer such number of the [any] 
pending appeals as the presiding justices 
may determine to be necessary from 
such department to any other department for 
hearing and determination. No justice of the 
appellate division shall, within the department 
to which he may be designated to perform 
the duties of an appellate justice, exercise any 
of the powers of a justice of the supreme court, 
other than those of a justice out of court, and 
those pertaining to the appellate division, or 



















Eagle Library—REVISED CONSTITUTION OF THE STATE OF NEW YORK 


107 




J®, hearing and decision of motions sub¬ 
mitted by consent of counsel, but any such 
justice, when not actually engaged in perform¬ 
ing the duties of such appellate justice in the 
department to which he is designated, may 
huia any term of the supreme court and ex¬ 
ercise any of the powers o T a justice of the 
supreme court in any county or judicial dis- 
ln an y other department of the state. 
i he appellate division, except as here¬ 
in provided, shall have the jurisdic- 
r ;? n * lGu ’ exercised by it [From and 
alter the last day of December, eighteen hun- 

v! ninety-five, the appellate division 

snail have the jurisdiction now exercised by 
the supreme court at its general terms and by 
the general terms of the court of common 
pleas for the city and county of New York, 
the superior court of the city of New York, 
the superior court of Buffalo and the city of 
Brooklyn,! and such additional jurisdiction as 
may be conferred by the legislature. On ap- 
peals from judgments of conviction in 
criminal cases . the appellate division 
or the appellate term, as the case -may 
he may reduce the sentence imposed 
by the. trial court or judge . It shall have 
power to appoint and remove a reporter. The 
justices of the appellate division in each de¬ 
partment shall have power to fix the times 
and places for holding the [special] terms 
of the supreme court therein, and to as¬ 
sign the justices in the departments to hold 
such terms[;]. for to make rules therefor.] 
ABSTRACT —This section is amended so 
fts to provide for the continuance of the 
present division of the state into four ju¬ 
dicial departments. It increases the num¬ 
ber of justices of the appellate division in 
the first department to not less than ten nor 
more than twelve, and in the second depart¬ 
ment to seven, leaving five justices in each 
of the other departments, as at present pro¬ 
vided. In order to make it possible for the 
appellate division in the first department to 
dispose of the growing volume of its appel¬ 
late business, which in 1915 amounted to up¬ 
wards of 1,500 appeals and 850 original mo¬ 
tions—nearly double that of any other court 
in the state—the court is authorized to sit 
In two parts, and if the presiding justice at 
any time shall certify to the governor that 
the interests of justice so require, he may 
designate two additional justices to sit in 
that division. The presiding justice of any 
appellate division is also authorized, in case 
of the absence or inability to act of any 
justice thereof, to assign any justice of the 
supreme court to sit in the appellate division 
during such absence or inability, but for a 
period not longer than four months in any 
year. It is further provided that on appeals 
from judgments of conviction in criminal 
cases the appellate division or the appellate 
term, as the case may be, may reduce the 
sentence imposed by the trial court or judge. 
For the purpose of better distribution of the 
judicial business of the department, the 
justices of the appellate division in each de¬ 
partment are given power to fix the times 
and places for holding, not only the special 
terms of the supreme court (at which equity 
cases only are triable), but also all other 
terms of the supreme court in that depart¬ 
ment, and to assign the justices In the de¬ 
partments to hold such terms. The obsolete 
provisions referring to the court of common 
pleas for the city and county of New York, 
the superior court of the city of New York, 
the superior court of Buffalo and the city 
court of Brooklyn, are stricken out. 

Section 3. There shall be an appel¬ 
late term of the supreme court in. the 
first and in the second department 
consisting of not less than three nor 
more than five justices of the supreme 
court to be designated annually by 
the appellate division of the supreme 
court in such departments respective- 
ly. Such appellate divisions respect¬ 
ively may designate justices to sit in j 
the appellate term during the tem¬ 
porary disability of any of the jus- j 
tices previously designated. Three 
shall constitute a quorum, and the 
concurrence of a majority of the jus¬ 
tices sitting shall be necessary to a 
decision. All appeals from judgments 
and orders in civil cases made by 
county courts within such depart- i 
t nents f and all appeals from judg- j 
meats and orders made by the city 
court of the city of New York, the 
municipal court of the city of New 
York, the court of special sessions of 
the city of New York, as such courts 
now exist, or as hereafter consolidated 
or reorganized pursuant to this 
article, and by all other inferior local 
courts, except courts held by justices 
of the peace , city magistrates * courts, 
and courts of special sessions held by I 
one city magistrate only . within such ! 
departments, shall be heard at the 
appellate term. The legislature may 
enlarge or restrict the jurisdiction of 
the appellate term. Appeals to the 
appellate division from judgments or 
orders of the appellate term may be 
taken as of right only when the ap¬ 
pellate term on reversing or modify- 

NOTR—Matter in italics is new; matter in 
brackets [ J is to be omitted. 1 


ing a judgment makes new findings 
of fact and rentiers judgment theron. 
Appeals to the appellate division also 
may be allowed by the proper appel¬ 
late division, 

ABSTRACT—This new section provides 
that the appellate term of the supreme court 
in the first and in the second departments 
which now is composed of three justices 
changing from month to month, in the fu¬ 
ture shall consist of not less than three, nor 
more than five justices, to be annually desig¬ 
nated by the appellate division, thus giving 
it greater permanency and affording an op¬ 
portunity to the members of the court to de¬ 
velop into a more harmonious working body 
than is possible under the present system. 
The appellate division is also empowered to 
designate justices to sit in the appellate 
term during the temporary disability of any 
of those regularly designated. The appel¬ 
late jurisdiction of the appellate term em¬ 
braces, generally speaking, appeals from 
judgments and orders of inferior courts 
within such departments, subject to excep¬ 
tions as to certain courts and limitations as 
to certain judgments and orders which clear¬ 
ly appear from the text; but the legislature 
may enlarge or restrict its jurisdiction. Ap¬ 
peals to the appellate division from judg¬ 
ments or orders of the appellate term are 
to be taken as of right only when the appel¬ 
late term, on reversing or modifying a judg¬ 
ment, makes new findings of fact and ren¬ 
ders judgment thereon^ but it is provided 
that appeals to the appellate division may 
be allowed by that court. This amendment 
is designed to relieve the appellate di¬ 
visions from the consideration of matters 
which are generally of less importance than 
those arising in the supreme court, and on 
the other hand to make of the appellate 
term a dignified and efficient branch of the 
court. 

Section [3] 4. No judge or justice shall sit 
in the appellate term, appellate division or 
in the court of appeals in review of a decision 
made by him or by any court of which he 
was at the time a sitting member. The testi¬ 
mony in equity cases shall be taken in like 
manner as in cases at law; and. except as 
herein otherwise provided, the legislature shall 
have the same power to alter and regulate the 
jurisdiction and proceedings in law and in 
equity ihat it has heretofore exercised. 

ABSTRACT—By this section as amended 
the present prohibition against a judge or 
justice sitting in the appellate division or 
in the court of appeals in review of a deci¬ 
sion made by him or by any court of which 
he was at the time a sitting member, is 
extended to the appellate term, the same 
reasons which induced the prohibition in 
the one case being equally applicable to the 

0t Section [4] 5, The official terms of the jus¬ 
tices of the supreme court shall be fourteen 
years from and including the first day of Jan¬ 
uary next after their election. When a vacancy 
shall occur otherwise than by expiration of 
term in the office of justice of the supreme 
court the same shall be filled for a full term, 
at the next general election, happening not 
less than three months after such vacancy 
occurs; and. until the vacancy shall be so 
filled, the governor by and with the advice 
and consent of the senate, if the senate shall 
be in session, or if not in session the gov¬ 
ernor, may fill such vacancy by appointment, 
which shall continue until and Including the 
last day of December next after the election 
at which the vacancy shall be filled. 

Section 6. To secure a more simple, 
speedy and effective administration of 
justice, it shall be the duty of the 
legislature to act with all convenient 
speed upon the report of the hoard of 
statutory consolidation transmitted to \ 
the legislature by the governor on the 
twenty-first day of April, one thou¬ 
sand nine hundred and fifteen, and to 
enact a brief and simple civil practice, 
act and to adopt a separate body of 
civil practice rules for the regulation 
of procedure in the court of appeals, 
supreme court and county courts. The 
legislature may make the civil prac¬ 
tice rules or any part thereof ap¬ 
plicable to such other courts as it may ; 
provide. Thereafter, from time to | 
time, at intervals of not less than five | 
years , the legislature may appoint a 
commission to consider and report 
what changes, if any . there should be 
in the law and rules governing civil 
procedure. The legislature shall act 
on the report of each such commission 
by a single bill , and the legislature 
shall not otherwise, or at any other 
time, enact any law prescribing , reg¬ 
ulating or changing the civil pro¬ 
cedure in the court of appeals, su¬ 
preme court or county courts , unless 
the judges or justices empowered to 
make and amend civil practice rules 
shall certify that legislation is neces¬ 
sary. 

After the adoption of the civil prac¬ 
tice rules by the legislature under the 
requirements of the first paragraph of 
this section , the power to alter and 
amend such rules and to make, alter 
and amend civil practice rules shall 
vest and remain in the courts of the 
state to be exercised by the judges of ! 


i 

the court of appeals and the justices 
of the appellate divisions of the su¬ 
preme court, or by such judges or 
justices of the court, of appeals, the 
str p re me court anti the county courts 
as the legislature shall provide. 

ABSTRACT—This section is intended to 
remedy the existing evils of the civil prac¬ 
tice in the courts of the state. It contem¬ 
plates the adoption by the legislature of a 
short practice act and a body of practice 
rules which shall take the place of the prac¬ 
tice now regulated by the code of civil pro¬ 
cedure. Under the present procedure the 
practice is regulated by rigid statutory rules 
which encourage controversies over mere 
matters of procedure. If the provisions of 
this section are carried into effect the prac¬ 
tice will be regulated by flexible court rules 
which will tend to remove all disputes over 
matters of practice. It places the responsi¬ 
bility for the administration of justice upon 
the courts rather than upon the legislature. 
The practice act and rules referred to in the 
section have been prepared by the board of 
statutory consolidation which has been en¬ 
gaged upon the task for over ten years, its 
attention, however, during the past two 
years being chiefly confined to the civil pro¬ 
cedure in the courts. This board consolidated 
the general statutes of the state and pre¬ 
pared the statutory record of the special, 
private and local statutes of the state as 
well as that of the general statutes. Its 
report upon procedure in three volumes 
w r hich is referred to in this section is now 
before the legislature and is being examined 
by a joint committee of the legislature and 
committees of the various bar associations 
of the state. This report will come before 
the legislature for action at its next session. 

Section 7. The court of claims is con¬ 
tinued and shall be a court of record. 
It shall consist of the three judges 
now in office, who shall hold their of¬ 
fices until the expiration of their re¬ 
spective terms, and their successors 
who shall be appointed by the gover¬ 
nor by and with the advice and con¬ 
sent of the senate and who shall hold 
office for nine years. The legislature 
may further increase the number of 
judges of the court of claims by per¬ 
manent or temporary appointment but 
not to exceed five in all. The addi¬ 
tional judges heretofore appointed 
shall continue to serve until the first 
day of January , one thousantl nine 
hundred find eighteen, or such earlier 
date as shall he determined pursuant 
to law. The court shall have power to 
appoint and remove h clerk and such 
court stenographers and attendants as 
the legislature may provide. The 
judges shall continue to receive from 
the state their present compensation 
and allowances -until the legislature 
shall otherwise provide. The court 
shall have the jurisdiction now ex¬ 
ercised by it anil such additional 
jurisdiction to hear and determine 
claims against the state or between 
conflicting claimants as the legis¬ 
lature may provide . The judges of 
the court may separately take testi¬ 
mony in relation to any claim, but no 
award shall be made except by a ma¬ 
jority of the whole court , The court 
may establish rules to govern its own 
procedure. 

ABSTRACT—This section makes the court 
of claims a permanent court of the state, 
subject to the provisions of the constitution, 
as are the other courts enumerated therein. 
The recent changes in this body for political 
purposes by the legislature have prompted 
the convention to establish the court as a 
constitutional tribunal so as to give it perma- 
nence and improve its efficiency. The lan¬ 
guage of the provision substantially con¬ 
forms to the statutes relating to this court, 
except that the legislature may confer upon 
the court the power to determine conflicting 
claims between claimants, a jurisdiction 
which it does not now possess. 

[§ 5. The superior court of the city of 
New York, the court of common pleaa for 
the city and county of New Yrk, the su¬ 
perior -court of Buffalo, and the city court 
of Brooklyn, are abolished from and after 
the first day of January, one thousand eight 
hundred and ninety-six, and thereupon the 
seals, records, papers and documents of or 
belonging to such courts, shall be deposited 
in the offices of the clerks of the several 
counties in which said courts now exist; and 
all actions and proceedings then pending in 
such courts shall be transferred to the sU 
preme court for hearing and determination. 
The judges of said courts in office on the 
first day of January, one thousand eight 
hunderd and ninety-six, shall? tyt the re¬ 
mainder of the terms for which they were 
elected or appointed, be justices of the su¬ 
preme court; but they shall sit only in the 
counties in w’hich they were elected or ap¬ 
pointed. Their salaries shall be paid by the 
said counties respectively, and shall be the 
same as salaries of the other justices of the 
supreme court residing in the same counties. 
Their successors shall be elected as justices 
of the supreme court by the electors of the 
judicial districts in which they respectively 
reside. 

The jurisdiction now exercised by the sev¬ 
eral courts hereby abolished, shall be vested 
























108 


Eagle Library—REVISED CONSTITUTION OF THE STATE OF NEW YORK 


r 


in the supreme court. Appeals from in¬ 
ferior and local courts now heard in the 
court of common pleas for the city and 
county of New York and the superior court 
of Buffalo, shall be heard in the supreme 
court in such manner and by such justice 
or justices as the appellate divisions in the 
respective departments which include New 
York and Buffalo shall direct, unless other¬ 
wise provided by the legislature.] 


shall [form] constitute a quorum, and the 
concurrence of four shall be necessary to a 
decision. The court shall have power to ap¬ 
point and to remove its reporter, clerk and 
attendants .In case of the temporary ab¬ 
sence or inability to act of any judge 
of the court of appeals, the court may 
designate any justice of the supreme 
court to serve as associate judge of 
the court of appeals, during such ab 


section 13 eliminated as sence or to act, but for a 


being now obsolete 

[§ 6. Circuit courts and courts of oyer and 
terminer are abolished from and after the 
last day of December, one thousand eight 
hundred and ninety-five. All their jurisdic¬ 
tion shall thereupon be vested in the supreme 
court, and all actions and proceedings then 
pending in such courts shall be transferred 
to the supreme court for hearing and de¬ 
termination. Any justice of the supreme 
court, except as otherwise provided in this 
article, may hold court in any county.] 
ABSTRACT—The first two sentences of 
this eliminated section are obsolete. The 
last sentence is unnecessary. The supreme 
court is one court, composed of all the jus¬ 
tices of the state and there is no restriction 
as to the locality in which a justice may 
serve. This article in several provisions 
assumes the transfer of justices from one 
county, district or department to another. 

Section 8, Supreme court commission¬ 
ers may be appointed as hereinafter 
provided. one or more of whom may 
be designated by the court to deter¬ 
mine the compensation to be paid 
whenever private property is taken 
for a public use in the judicial de¬ 
partment or district for which they 
shall have been appointed, when such 
compensation is not made by the state, 
and who also may respectively be 
designated as referee whenever issues 
are properly referred for determina¬ 
tion or report, and who shall perform 
such other or further duties as may 
be devolved upon them by special or¬ 
der or rule of court by the appellate 
division or by the civil practice rules. 
The respective appellate divisions in 
the first and second judicial depart¬ 
ments from time to time may appoint 
for each of the counties therein within 
the city of New York such commission¬ 
ers as they deem necessary and, with 
the approval of the board of estimate 
and apportionment or its successors, 
fix their compensation which shall be 
uniform in each county and a charge 
against the city of Netv York. The 
legislature may at any time authorize 
the appointment of supreme court 
commissioners in the third and fourth 
judicial departments and in the coun¬ 
ties in the second department not 
within the city of New York. Such 
commissioners shall be members of the 
bar of not less than ten years stand¬ 
ing. They shall not practice as attor¬ 
neys or counselors in any court of this 
state or of the Unit eel States. They 
shall hold office during the pleasure 
of the respective appellate divisions by 
which they shall have been appointed. 
Supreme court commissioners during 
their continuance in office shall not 
hold any other office or public trust. 

ABSTRACT—To relieve the courts from 
the consideration of many procedural mo¬ 
tions, furnish a means of conducting pro. 
ceedings for the condemnation of land, 
•where the compensation is not paid by the 
state, without the expense and delay of the 
present system, and to provide a standing 


period not exceeding four months in 
any year. For the purpose of dispos- 
witli reasonable speed of the ac¬ 
cumulation of causes now pending in 
the court of appeals, the court on or 
before the first day of March, one 
thousand nine hundred and sixteen, 
shall designate not less than four nor 
more than six justices of the supreme 
court to serve as associate judges of 
the court of appeals until the causes 
pending on the calendar shall be re¬ 
duced to one hundred but not later 
than the thirty-first day of December, 
one thousand nine hundred and seven¬ 
teen, when they shall return to the 
supreme court. While serving in the 
court of appeals, the justice so desig¬ 
nated sh<ill be relieved of their duties 
as justices of the supreme court. Dur¬ 
ing such period the court of appeals 
shall sit in two parts .each of which 
ll consist of not more than seven 
judges, five of whom shall constitute a 
quorum, the concurrence of four being 
necessary to a decision. The chief 
jtidge shall from time to time desig¬ 
nate the associate judges of the court 
of appeals and the justices of the su¬ 
preme court serving as associate 
judges of the court of appeals to sit 
in the respective parts of the court, in 
such manner that the justices of the 
supreme court so designated shall be 
distributed as equally as may be be¬ 
tween the two parts. The chief judge 
may preside in either part , anti he 
shall designate the judge who shall 
preside in either part when he is not 
present. The causes pending in the 
court of appeals shall be distributed 
by the chief jtidge as nearly equally ' 
as may be between the two parts of 
the court. The court of appeals shall 
cause a calendar of appeals pending 
therein to be made and published at 
least once in each year. Whenever on 
the first day of January in any year 
after the present accumulation of 
1 causes in the court of appeals shall 
have been disposed of as above pro¬ 
vided, there shall be more than five 
hundred causes pending undisposed of 
on the calendar, the court shall in the 
manner above provided designate jus¬ 
tices of the supreme court to serve as 
associate judges of the court of ap¬ 
peals, and shall sit in two parts; the 
pending causes shall be distributed be¬ 
tween the parts for disposition until 
the number of causes pending on the 
calendar shall be reduced to one hun¬ 
dred, but not later than until the ex¬ 
piration of one year from the date of 
such designations, whereupon the jus¬ 
tices so designated shall return to the 
supreme court. 

In case of the death, resignation or 
other disability of any of the justices 
of the supreme court designated to 
serve as associate judges of the court 
of appeals as in this article provided. 


body of competent masters or referees, sec'- I the court of appeals shall designate a 
tion eight authorizes the appointment by I °f the supreme court to serve 

N_ocnootivp nnnftiijitA diviair»n« in thn in fas place in like manner as it or- 


the respective appellate divisions in the first 
and second departments, for each of the 
counties therein within the city of New 
York, of supreme court commissioners, to 
such number as they may deem necessary, 
and with the approval of the board of esti¬ 
mate and apportionment, to fix their com¬ 
pensation, which shall be uniform in each 
county, and a charge against the city. The 
legislature is empowered to authorize the 
appointment of such commissioners in the 
third and fourth judicial departments and 
in the counties in the second department not 
within the city of New York. 

Section [?] 0. The court of appeals is oon- 
tinued. It shall consist of the chief judge and 
associate judges now in office, who shall hold 
their offices until the expiration of their re¬ 
spective terms, and their successors, who fhall 
be chosen by the electors of the state[.], and 
of the three justices of the supreme 
court now serving as associate judges 
of the court of appeals by designation 
by the governor, who shall be associ¬ 
ate judges of the court of appeals un¬ 
til the expiration of the terms for 
which they respectively were elected 
justices of the supreme court, and 
their successors who shall be chosen 
by the electors of the state. The official 
terms of the chief Judge and associate judge 
shall be fourteen year* from and including the 
first day of January next after their election. 
No more than seven judges shall sit 
in any case. Five members of the court 


NOTE..—Matter In italics is new; matter in 
brackets [ ] Is to be omitted. 


place in like manner as if 
iginally so designated. Each of the 
justices of the supreme court while 
serving as associate judge of the court 
of appeals as herein provided shall 
receive from the state the same com¬ 
pensation as the elected associate 
judges of the court of appeals. Upon 
the termination of the designation of 
a justice of the supreme court as as¬ 
sociate judge of the court of an pea Is 
who when so designated was a justice 
of an appellate division, he shall re¬ 
turn to such appellate division unless 
the term of his designation thereto 
shall have expired and shall not have 
been renewed by the governor. The 
appellate division may designate other 
justices of the supreme court to sit in 
the appellate division during the ab¬ 
sence of regularly assigned justices 
of such division serving as associate 
judges of the court of appeals, in case 
the business of the appellate division 
shall render such action necessary 
[Whenever and as often as a majority of 
the judges of the court of appeals shah 
certify to the governor that said court is 
unable, by reason of the accumulation of 
causes pending therein, to hear and dispose 
of the same with reasonable speed, the gov¬ 
ernor shall designate not more than four 
justices of the supreme court to serve as 
associate judges of the court of appeals. 
The justices so designated shall be relieved 
from their duties as justices of the supreme 
court and shall serve as associate judges of 
the court of appeals until the causes undis¬ 


posed of In said court are reduced to two 
hundred, when they shall return to the su¬ 
preme court. The governor may designate 
justices af the supreme court to fill vacancies. 
No justice shall serve as associate judge or 
the court of appeals except while holding the 
office of justice of the supreme court, and 
no more than seven judges shall sit in any* 
case.] 

ABSTRACT—To enable the court of ap¬ 
peals to dispose of its business without de¬ 
lays which now occur in reaching oases for 
hearing, it is provided by the amendment to 
this section that the court shall be perma¬ 
nently composed of ten judges, instead of 
seven as at present. For several years past 
three supreme court justices have been sitting 
in the court of appeals by designation of the 
governor, and the three justices at present 
so serving are continued as judges of that 
court until the expiration of their respective 
terms of office, their successors to be chosen 
by the electors of the state. The court U 
further authorized to designate any justice 
of the supreme court to serve during the 
temporary absence or inability of a regularly 
assigned justice, but for not more than four 
months in any year. For the purpose of dis¬ 
posing with reasonable speed of an accu¬ 
mulation of upwards of 600 causes now 
pending in the court of appeals, the court 
is required on or before March 1, 1916, to 
call in not less than four, nor more than six 
justices of the supreme court to sit as as¬ 
sociate judges of the court of appeals until 
the number of pending cases shall be re¬ 
duced to one hundred, but not later than 
December 31, 1917, when they shall return 
to the supreme court. During such period, 
the court is required to sit in two parts of 
seven judges each, five of whom shall form 
a quorum. The justices of the supreme court 
so sitting shall be divided as equally as may 
be between the two parts, and the pending 
causes are to be distributed as nearly equally 
as may be between the two parts of the 
court. To prevent an undue accumulation of 
cases in the future, the court of appeals 
is required hereafter to cause a calendar of 
appeals pending therein to be made and. 
published at least once in every year, and 
whenever on the first day of January in any 
year after the present accumulation of cause* 
has been disposed of there shall be more 
than five hundred causes pending undisposed 
of on its calendar, the court is required in 
the manner above provided to designate 
justices of the supreme court to serve aa 
associate judges of the court of appeals, to 
sit in two parts, and distribute the pending 
cases between those parts for disposition 
until the number of causes pending on the 
calendar shall be reduced to one hundred, 
but not later than until the expiration of 
one year from making such designations, 
whereupon the justices of the supreme court 
shall return to that court and the court of 
appeals resume its sessions in one part. 
Provision is made for filling vacancies in 
case of the death, resignation, etc., of one 
of the designated supreme court justices so 
designated. Those justices while serving in 
the court of appeals are to receive from the 
state the same compensation as the elected 
associate judges of that court. Upon the 
termination of the designation of any su¬ 
preme court justice to sit in the court of 
appeals, who, when so designated, had been 
assigned to an appellate division, he shall 
return to that division, unless the term of 
his designation thereto shall have expired 
and shall not have been renewed by the 
governor. The appellate division is author¬ 
ized to designate other justices of the su¬ 
preme court to sit in the appellate division 
during the absence of any regularly as¬ 
signed justice of such division to serve in 
the court of appeals, in case the business of 
the appellate division shall so require. 

Section [S] 10. When a vacancy shall occur 
otherwise than by expiration of term, in the 
office of chief or associate judge of the court 
of appeals, the same shall be filled, for a full 
term, at the next general election happening 
not less than three months after such vacancy 
occurs; and until the vacancy shall be so 
filled, the governor, by and with the advice 
and consent of the senate, If the senate shall 
j be in session, or if not in session the gov- 
! ernor may fill such vacancy by appointment. 
If any such appointment of chief judge shall 
be made from among the associate judges, a 
temporary appointment of associate judge shall 
be made in like manner: but in such case, the 
person appointed chief judge shall not be 
deemed to vacate his office of associate judge 
any longer than until the expiration of his ap¬ 
pointment as chief judge. The powers and 
jurisdiction of the court shall not be sus¬ 
pended for want of appointment or election, 
when the number of judges is sufficient to 
constitute a quorum. All appointments under 
this section shall continue until and including 
the last day of December next after the elec¬ 
tion at which the vacancy shall be filled. 

Section [9] 11. After the last day of Decem¬ 
ber, one thousand [eight] nine hundred and 
[ninety-five,] fifteen, the jurisdiction of the 
court of appeals, except where the judgment 
is of death, or where the appellate di¬ 
vision on reversing or modifying a 
judgment makes new findings of fact 
and renders judgment thereon , shall 
be limited to the review of questions of law. 
[No unanimous decision of the appellate di¬ 
vision of the supreme court that there 1* 





















109 


Eagle Library—REVISED CONSTITUTION OF THE STATE OF NEW YORK 


*1 


evidence supporting or tending to sustain * 
finding of fact or a verdict not directed bv 
the court, shall be reviewed by the court of 
appeals. Except where the judgment is of 
death, appeals may be taken, as of righ? to 
said court only from judgments or orders 
entered upon decisions of the appellate dl- 
vision or the supreme court, finally determin 
ing actions or special proceedings, and from 
orders granting new trials on exceptions, where 
the appellants stipulate that upon affirmance 
judgment absolute shall be rendered again ^ 
them. The appellate division in any depart- 
ment] Appeals may be taken as of 
riant to the court of appeals in the 
following cases only: 

Where the judgment is of death; 

(~) Front a judgment or order en¬ 
tered upon the decision of an appel- 
la * e : division of the supreme court 
which finally determines an action or 
special proceeding where is directly 
tnvolvetl the construction of the con¬ 
stitution of the state or of the United 
states, or where one or more of the 
justices who heard the ease tlissents 
front the decision of the court. or 
where the judgment of the trial court 
ts reversed or modified; 

(3) From an order of an appellate 
division of the supreme court grant¬ 
ing a new trial where the appellant 
stipulates that upon affirmance judg¬ 
ment absolute shall be rendered 
against him. 

The court of appeals may, however, 
allow an. appeal [upon anyj in any case 
where in its opinion a question of law 
is involved. which [in its opinion,] ought 
to be reviewed [by the court of appeals]. 

The legislature may further restrict the 
jurisdiction of the court of appeals and the 
right of appeal thereto, but the right to 
appeal shall not depend upon the amount in¬ 
volved. 

The provisions of this section shall not ap¬ 
ply to appeals taken to the court of ap¬ 
peals [orders made or judgments rendered 
by any general term] before the last day of 
December, one thousand [eight] nine hun¬ 
dred and [ninety-five.] fifteen. but [ap¬ 
peals] the judgments or orders ap¬ 
pealed front shall be reviewed [there¬ 
from may be taken] under existing provisions 
of law. 

The court of appeals may determine 
the qualifications and prescribe the 
rules . regulating the admission to 
practice of attorneys and counselors 
in the courts of the state. 

ABSTRACT—The amendment to this sec¬ 
tion, dealing with the jurisdiction of the 
court of appeals, was framed with a view 
to carrying out the principle that every 
litigant is entitled to at least one review on 
appeal, but that the court of appeals should 
be preserved as a court to review and settle 
questions of law rather than as a general 
court to review fully the decisions of courts 
of first instance. By a recent amendment 
to section 1317 of the code of civil proce¬ 
dure, the appellate division on reversing 
or modifying a judgment is empowered to 
make new findings of fact and render judg¬ 
ment thereon. In such cases, the appellate 
division in effect acts as a trial court, and 
unless a review of the facts is allowed in the 
court of appeals, the litigant is deprived of 
the right to at least one full review on ap¬ 
peal from the judgment of the trial court. 
With this single exception, the present limi¬ 
tation of the jurisdiction of the court of ap¬ 
peals to the review of questions of law only 
—save in capital cases—is retained. Sec¬ 
tion 11 also defines the jurisdiction of the 
court of appeals. The provision in the ex¬ 
isting constitution that no unanimous deci¬ 
sion of the appellate division of the su¬ 
preme court that there is evidence support¬ 
ing or tending to sustain a finding of.facv. 
or a verdict not directed by the court shall 
be reviewed by the court of appeals is elimi¬ 
nated. Such question is essentially one of 
law. and experience has demonstrated that 
to withhold from the court of appeals the 
right to consider such question has led to 
injustice in many cases. The right to appeal 
from judgments of the appellate division to 
the court of appeals is further restricted by 
providing that appeals from a judgment or 
order entered upon such decision finally de¬ 
termining actions or special proceedings, 
may be take only where there is directly 
involved the construction of the constitution 
of the state or of the United States, or where 
one or more of the justices who heard the 
case dissents from the decision of the court; 
but the court of appeals is authorized to 
allow an appeal in any case where, in its 
opinion, a question of law is involved which 
ought to be reviewed. Appeals pending De¬ 
cember 31, 1915, are to be reviewed under 
existing provisions of law. The court of 
appeals is empowered to determine the quali¬ 
fications and prescribe the rules regulating 
the admission to practice of attorneys and 
counselors in the courts of the state. This 
is now provided by statute, and it is con¬ 
sidered that such a provision should be em¬ 
bodied in the constitution. 

Section [10] 12. The judges of the court of 
appeals and the justices of the supreme court 

~~NOTE.—Matter in italics is new; »atter in 
brackets [ J is to be omitted. 


shall not hold any other office or public trust. 
All votes for any of them, for any other than 
a judicial office, given by the legislature or 
the people, shall be void. 

Section [11] 13. Judges of the court of 

appeals and justices of the supreme court 
]. [ may be removed by concurrent resolution 
of both houses of the legislature, if two- 
thirds of all the members elected to each 
house concur therein. All other judicial offi¬ 
cers. except justices of the peace and judges 
or justices of inferior courts not of record 
may be removed by the senate, on the 
recommendation of the governor, if two-thirds 
of all the members elected to tlie senate con¬ 
cur therein. But no officer shall be removed 
by virtue of this section except for cause, 

which shall be entered on the journals, nor 
unless he shall have been served with a state¬ 
ment of the cause alleged, and shall have had 
an opportunity to be heard. On the ques¬ 

tion of removal, the yeas and nays shall be 
entered on the journal. 

Section [12] 14. No person shall hold the 
office of judge [or], justice of any court or 
surrogate longer than until and including 
the last day of December next after he shall 
be seventy years of age. Each justice of 

the supreme court shall receive from the 

state [the sum] an annual salary of 
ten thousand dollars [per year]. Those as¬ 
signed to the appellate divisions in the third 
and fourth departments shall each receive 
in addition the sum of two thousand dollars, 
and the presiding justices thereof the sum of 
two thousand five hundred dollars per year. 
[Those] he justices now in office or 
hereafter elected in the first and second 
judicial departments shall continue to receive 
from their respective cities, counties or dis¬ 
tricts, as now provided by law. such addi¬ 
tional compensation as will make their ag¬ 
gregate compensation w'hat they are now re¬ 
ceiving. Those Justices elected in any ju¬ 
dicial department other than the first or 
second, and assigned to the appellate divisions 
of the first or second departments shall, 
w'hile so assigned, receive from those depart¬ 
ments respectively, as now provided by law\ 
such additional sum as is paid to the justices 
of those departments. A justice elected in 
the third or fourth department assigned by 
the appellate division or designated by the 
governor to hold a trial or special term in 
[a judicial district other than that in which 
he is elected] the first or second judicial 
department shall receive in addition [ten] 
twenty dollars per day for expenses while 
actually so engaged in holding such term, 
which shall bo paid by the state and charged 
upon the judicial district where the service 
( is rendered. The compensation herein pro¬ 
vided shall be in lieu of and shall exclude 
all other compensation and allowance to 
[said] such justices for expenses of every 
kind and nature whatsoever. The provisions 
of this section shall apply to the judges and 
justices now in office and to those hereafter 
he is elected] Except in the case of the 
consolidation of the offices of county 
judge and surrogate, or to make the 
compensation of the judges of the 
court of appeals equal to that of any 
justice of the supreme court , the com¬ 
pensation of a judge or justice of any 
court of record in the state shall be 
neither increased nor decreased dur¬ 
ing the term of office for which he 
was elected or appointed. 

ABSTRACT.—By the amendment to this sec¬ 
tion the existing provisions relating to the com¬ 
pensation of justices of the supreme court 
in the first and second departments are made 
applicable to the justices now in office or 
hereafter elected. The additional per diem 
compensation given to justices in the third 
and fourth departments when holding a trial 
or a special term in the first or second de¬ 
partments is increased from $10 to $20 per 
day in order to meet the estimated increase 
in the cost of living in those localities. Ex¬ 
cept in case of the consolidation of the offices 
of county judge and surrogate, or to make 
the compensation of judges of the court of 
appeals equal to that of any justice of the 
supreme court, it is provided that the com¬ 
pensation of a judge or justice of a court of 
record in the state shall be the compensa¬ 
tion of a judge or justice of a court of record 
in the state shall be neither increased nor 
decreased during the term of office for which 
he was elected or appointed. 

Section [13] 15. The assembly shall have 

the pow'er of impeachment, by a vote of a 
majority of all the members elected. The 
court for the trial of impeachments shall 
be composed of the president of the senate, 
the senators, or the major part of thegn, and 
thre judges of the court of appeals, or the 
major part of them. On the trial of an 
impeachment against the governor or lieu¬ 
tenant-governor, neither the lieutenant-gov¬ 
ernor nor the temporary president of 
the senate shall [not] act as a member 
of the court. The court for the trial of 
impeachments may order all or any 
part of the testimony to beb taken 
and reported by a committee com¬ 
posed of members of the court, ex¬ 
cept that the impeached officer must 
be allowed to testify before the court 
if he so desire. No judicial officer shall 
exercise his office, after articles of Impeach¬ 
ment against him shall have been preferred 
to the senate, until he shall have been ac¬ 
quitted. Before the trial of an impeachment 
the members of the court shall take an oath 


or affirmation truly and impartially to try 
the impeachment according to the evidence, 
and no person shall be convicted without the 
concurrence of two-thirds of the members 
present. Judgment in cases of impeachment 
shall not extend further than to removal 
from office, or removal from office and dis¬ 
qualification to hold and enjoy any office of 
honor, trust or profit under this state; but 
the party impeached shall be liable to in¬ 
dictment and punishment according to law. 

ABSTRACT.—-The amendment to this sec¬ 
tion extends the existing prohibition against 
the lieutenant-governor acting as a member 
of the court of impeachment on the trial of 
imueachment against the governor to the 
temporary president of the senate; such pro¬ 
hibition being the application of the principle 
that no man should sit in judgment where he 
has a direct interest in the result. To facili¬ 
tate the conduct of impeachment proceedings 
it is also provided that the court for the 
trial of impeachments may order all or any 
part of the testimony to be taken and re¬ 
ported by a committee composed of members 
of the court, except that the impeached officer 
must be allowed to testify before the court, 
if he shall so desire. 

Section [14] 10. The existing county 

courts are continued, and the judges thereof 
now in office shall hold their offices until the 
expiration of their respective terms except 
that the county courts in the counties 
of Kings. Queens. Ilichmond and 
Bronx shall he abolished and the 
county judges transferred as pro¬ 
vided in this article . [In. the county of 
Kings there shall be four county judges.] 
The number of county judges in any county 
may [also] be increased, from time to time, 
by the legislature, to such number that the 
total number of county judges in any one 
county shall not exceed one for every two 
hundred thousand, or major fraction thereof, 
of the population of such county. [The ad¬ 
ditional county judges in the county of Kings 
shall be chosen at the general election held 
in the first odd-numbered year after the adop¬ 
tion of this amendment.] The additional 
county judges whose offices may be created 
by the legislature shall be chosen at the gen¬ 
eral election held in the first odd-numbered 
year after the creation of such office. All 
county judges, including successors to exist¬ 
ing judges, shall be chosen by the electors of 
the counties for the term of six years from 
and including the first day of January follow¬ 
ing their election. Except as in this 
article otherwise provided county courts 
shall have the powers and jurisdiction [they] 
now prescribctl by the legislature. 
[possess,] and also original jurisdiction in 
actions for the recovery of money only, where 
all the defendants reside in the county, and 
in which the complaint demands judgment for 
a sum not exceeding [two] three thousand 
dollars. The legislature may hereafter en¬ 
large or restrict the jurisdiction of the county 
courts, provided, how r ever, that their juris¬ 
diction shall not be so extended as to authorize 
an action therein for the recovery of money 
only, in which (1) the sum demanded exceeds 
[two] three thousand dollars, or (2) in 
which any person not a resident of the county 
is a defendant [.], unless such defend¬ 
ant have an office for the transaction 
of business within the county and the 
cause of action arose therein. [Courts 
of sessions, except in the county of New 
York, are abolished from and after the last 
day of December, eighteen hundred and nine¬ 
ty-five. All the jurisdiction of the court of 
sessions in each county, except the county 
of New York, shall thereupon be vested in 
the county court thereof, and all actions and 
proceedings then pending in such courts of 
sessions shall be transferred to the said county 
courts for hearing and determination.] Every 
county judge and special county judge 
in counties having the same shall per¬ 
form such duties as [they] may be required 
by law'. His salary shall be established by 
law, payable out of the county treasury. A 
county judge of any county may hold county 
courts in any other county when requested 
by the judge of such other county. 

ABSTRACT.—The amendment to this section 
abolishes the county court of Kings, Queens, 
Richmond and Bronx, increases the jurisdic¬ 
tion of the remaining county courts in com¬ 
mon law actions to $3,000, and authorizes the 
legislature to extend their jurisdiction to 
causes in which a person not a resident of 
the county is a defendant, if he have an office 
for the transaction of business within the 
county and the cause of action arose therein. 
These changes are made in response to a 
very widespread demand. 

Section [15] 17. The existing surrogates* 
courts are continued, and the surrogates now 
in office shall hold their offices until the 
expiration of their terms. Their successors 
shall be chosen by the electors of their re¬ 
spective counties, and their terms of office 
shall be six years, except in the county of 
New York, w’here they shall continue to be 
fourteen years. Surrogates and surrogates* 
courts shall have the jurisdiction and powers 
[which the surrogates and existing surrogates’ 
courts] now [possess,] prescribed by the 
legislature until otherwise provided by 
[the legislature] law. The county judge 
shall be surrogate of his county, except where 
a separate surrogate has been or shall be 
elected. In counties having a population ex¬ 
ceeding forty thousand, wherein there is op 
-separate eurrccaU, tfe* legislator* n»jr *&+ 
















no 


Eagle Library—REVISED CONSTITUTION OF THE STATE OF NEW YORK 


vide for the election of a separate officer to 
be surrogate, whose term of office shall be 
six years. When the surrogate shall be elected 
as a separate officer his salary shall be es- 
tablished by law, payable out of the county 
treasury. (No county judge or surrogate shall 
hold office longer than until and including the 
last day of December next after he shall be 
seventy years of age. 1 Vacancies occurring 1 
In the office of judge of the court of 
general sessions of the city of New 
York, judge of the city court of New 
xork, county judge. special county 
judge or surrogate shall be filled in the 
same manner as like vacancies occurring in 
the supreme court. [The compensation of 
any county judge or surrogate shall not be 
Increased or diminished during his term of 
office.] For the relief of surrogates’ courts 
the legislature may confer upon the supreme 
court in any county having a population ex¬ 
ceeding four hundred thousand, the powers 
and jurisdiction of surrogates, f, with au¬ 
thority to try issues of fact by jury In pro¬ 
bate cases. | A surrogate of any coftnf;/ 
may hold a surrogate- s court in any 
other county when requested by the 
surrogate of such other county. The 
legislature may at any time consoli¬ 
date the offices of county judge and 
surrogate in any county. 

ABSTRACT.—By the amendment to this sec¬ 
tion, surrogates and surrogates’ courts are 
given the jurisdiction now prescribed by the 
legislature, until otherwise prescribed by law. 
The general extension of the jurisdiction of 
those officers and courts by the code amend¬ 
ments of 1913 were regarded as too recent and 
experimental to justify more than a con¬ 
tinuance of the jurisdiction so conferred, sub¬ 
ject to legislative change or modification. 
The surrogate of any county is authorized to 
hold a surrogate’s court in any other county 
when requested by the surrogate of such 
county, and the legislature is authorized at 
any time to consolidate the offices of county 
judge and surrogate in any county. 

Section [16] IS. The legislature may, on 
application of the board of supervisors, pro¬ 
vide for the election of local officers, not 
to exceed two in any county, to discharge the 
duties of county judge and of surrogate, in 
cases of their inability or of a vacancy, and 
In such other cases as may be provided by 
law, and to exercise such other powers in 
special cases as are or may be provided by 
law. 

Section [17] 19. The electors of the sev¬ 
eral towns shall, at their annual town meet¬ 
ings, or at such other time and in such 
manner as the legislature may direct, elect 
justices of the peace, whose term of office 
shall be four years. In case of an election 
to fill a vacancy occurring before the expira¬ 
tion of a full term, they shall hold for the 
|residue] remainder of the unexpired term. 
Their number, [and] classification [,] and 
duties [may] shall be regulated by law. 
Justices of the peace and judges and justices 
of inferior courts not of record, and their 
clerks, may be removed for cause, after due 
notice and an opportunity of being heard by 
such courts as are or may be prescribed by 
law. Justices of the peace, [and district 
court justices] city magistrates and all 
other judicial officers whose election 
or appointment is not otherwise pro¬ 
vided for in this article may be elected 
In the [different] several cities of this 
state, or in any boroughs contained 
within a city, or within districts for 
that purpose or may be appointed by 
some local authorities of the several 
cities , in such manner [,] and with such 
powers [,] and for such terms, respectively, 
as are or [shallj may be prescribed by 
law. The boards of supervisors or 
other officials exercising power now 
vested in such boards may fix the 
compensation to be paid or allowed 
to justices of the peace in towns and 
cities for their services in criminal 
matters ] ; all other judicial officers in cities 
whose election or appointment is not other¬ 
wise provided for in this article, shall be 
chosen by the electors of such cities or ap¬ 
pointed by some local authorities thereof. 1 

ABSTRACT.—By the amendment to this sec¬ 
tion the provision that the number and the 
classification of justices of the peace may be 
regulated by law, is amended so as to provide 
that their number, classification and duties 
•hall be regulated by law. This will require 
r he legislature to deal with a subject which 
has given rise to much complaint. Justices of 
the peace, city magistrates and all other 
judicial officers, whose election or appoint¬ 
ment is not otherwise provided for in the 
judiciary article, it is provided, may be elected 
in the several cities of the state, or in any 
borough contained within a city, or within 
districts created for that purpose, or may 
be appointed by some local authorities of 
the several cities. This extends the home rule 
principle in respect to the selection of these 
minor officials, not only to cities, but to 
boroughs in such cities. Boards of super¬ 
visors and other officials exercising the power 
now vested in such boards, are empowered 
to fix the compensation to be paid or allowed 
to Justices of the peace in towns and cities 
for their services in criminal matters. 

Section 20. The court of general 
sessions in and for the city and cowi- 

Matter in italics l s new; matter in 
brackets £ ] is to be omitted. 


ty of New York is continued., and 
from and after the first day of Janu¬ 
ary, one thousand nine hundred and 
seventeen, it shall have the same jur¬ 
isdiction and powers throughout the 
city of New York, under the name 
of the court of general sessions of 
the city of New York, as it now pos¬ 
sesses within the county of New York. 
It shall consist of the judges then in 
office and the judges transferred 
thereto by this section, all of whom 
shall continue to be judges of the 
court of general sessions of the city 
of New York for the remainder of 
the terms for which they respectively 
were elected or appointed. The 
county courts of Kings , Queens, 
llichniond and Bronx are abolished 
from and lifter the first day of Janu¬ 
ary, one thousand nine hundred and 
seventeen. The judges of such courts 
then in office shall for the remaituler 
of the terms for which they were 
elected or appointed, be judges of the 
court of general sessions of the ritn 
of New York. The successors to the 
judges who were elected or appointed 
as judges of the court of general sea¬ 
sons in and for the city and county 
of 1 ork shall be elected bu the 

electors within the county of New 
York , and the successors to the iuflaes 
who were ejected or appointed as 
judges of the county courts of Kina « 
Queens, Richmond find Bronx, resnecl 
lively, shall be elected by the elective 
within each of such respective coun¬ 
ties, so that the court of general ses¬ 
sions of the city of y €w York shall 
consist of seven judges resident in 
and elected by the electors within the 
county of kew York, five judaes r**4 
dent in and elected by the electors in 
the county of Kings, and one judge 
resident in and elected by the electors 
tn each of the counties of Queen* 
Richmond and Bronx. The leg is la, * 
ture may in its discretion authorize 
the election of one additional jVdal 
to reside in and he chosen by the 
electors in the county of Bronx. The 
judges who were elected or appointed 
as judges of the court of general ses¬ 
sions in and for the city and countu 
of New York, and the judges elided 
or appointed as judges of the countu 
court of the counties of Kings, Queens 
Richmond and Bronx, shall until the 
expiration of the term for which then 
were appointed or elected, be respec¬ 
tively paid by the city, the compensa¬ 
tion now fixed by law. The successors 
of all of the judges of the court of 
general sessions of the city of New 
York shall be elected as hereinafter 
provided for a term of fourteen years 
and their compensation shall be fixed 
by the legislature. The judges of the 
court of general sessions of the city 
of New York shall choose one of their 
own number to be the presiding judge 
thereof, who shall act as such for a 
period, of five years or until the 
earlier expiration of his term of of¬ 
fice, and who .shall be charged with 
the general administration of the 
court, and assign the judges to hold 
the terms thereof, subject to such 
regulations as the presiding justices 
of the appellate divisions of the su¬ 
preme court in the first and second 
departments shall from time to time 
prescribe. The judges shall have 
power to appoint and remove a clerk, 
who shall keep his office at a place 
to be designated by the court. All 
criminal prosecutions and proceed¬ 
ings on the first day of January, one 
thousand nine hundred and seventeen. 
pending in such county courts shall 
thereupon he transferred to the court 
of general sessions of the city of New 
York for hearing and determination 
at terms held within the counties in 
which the same are pending. Until 
the legislatu re shall otherwise pro¬ 
vide the clerk of the court of general 
sessions in and for the city and coun¬ 
ty of New York and the chief clerk 
of the comity court in each of the 
comities of Kings. Queens, Richmond 
and Bronx, shall act within his 
county as clerk of the court of gen¬ 
eral sessions of the city of New York, 
and the presiding judge of such court 
shall make such rules and regula¬ 
tions respecting such clerks 9 offices 
and the distribution of the business 
of the court in the said several coun¬ 
ties as from time to time may be 
expedient. 

ABSTRACT.—By this new section the court 
of general sessions in and for the city and 
county of New York is continued, and from 
and after January 1, 1917, its jurisdiction is 
extended throughout the city of New York 
under the name of the court of general ses¬ 
sions of the city of New York, such court 
to consist of the judges then in office, to¬ 
gether with tlie county Judges of the counties 
of Kings, Queens, Richmond and Bronx then 
in office, the successors to all of said judges 
to be chosen by the electors of the counties 
within which they respectively shall have 
been elected. The distribution of judges, for 
purposes of election, among the counties, and 
the number of such Judges, are provided for 


in the text. All pending criminal prosecution* 
in the county courts mentioned are to be 
transferred to the court of general session* 
on January 1, 1917. The creation of tm* 

court as a constitutional court and the con¬ 
solidation therewith of the other courts men¬ 
tioned is in the interest of increased efficiency. 

Section 21. The city court of the 
city of New York is continued, 
and from and after tke first 
day of January, one thousand Jj-ituj 
hundred and seventeen, it shall 
have the same jurisdiction and &gwer 
throughout the city of New York, 
under the name of the city court of 
New York, as it now possesses within 
the county of New York and the 
county of Bronx and original juris¬ 
diction in actions for the recovery of 
money only in which the complaint 
demands judgment for a sum not ex¬ 
ceeding three thousand dollars* Such 
court shall have likewise the equity 
jurisdiction now possessed by county 
courts hut such jurisdiction shall he 
exercised only within the respective 
counties of such city by the judges 
elected within such counties. It sfiall 
consist of the judges then in office 
who shall continue to be judges of the 
court for the remainder of the terms 
for which they respectively were 
elected or appointed, and the addi¬ 
tional judges to he elected as 
provided in this section. The 
judges who were elected or ap¬ 
pointed as judges of the city court of 
the city of New I 'ork, until the ex¬ 
piration of the terms for which they 
were respectively elected or appoint¬ 
ed, shall be paid the salaries now 
fixed by law for such judges. Their 
successors shall be elected by the elec¬ 
tors of the county of New York and 
shall hold office for ten years • There 
shall also be five additional judges, 
two of whom shall reside in and be 
chosen by the electors of the county 
of Kings, and one of whom shall re¬ 
side in and be chosen by the electors 
in each of the counties of Bronx, 
Richmond and Queens, all of tv horn 
shall he elected at the general elec¬ 
tion in November, one thousand nine 
hundred and sixteen, and they and 
their successors, who shall he chosen 
in like manner, shall hold office for 
ten years. Until the legislature shall 
otherwise provide the judge of the 
city court chosen in the county of 
Richmond shall be surrogate of that 
county. The legislature may provide 
for a surrogate for the county of 
Richmond. The legislature may in 
its discretion authorize the election, 
of two additional judges, one to re¬ 
side in and be chosen by the electors 
of the respective counties of Bronx 
and Kings. The judges elected as in 
this section provided shall receive 
from the city a com pen sat iot\ to be 
fixed by the legislature . The judges 
of the city court of New York shall 
choose one of their own number to 
be the presiding judge thereof who 
shall be charged with the general ad¬ 
ministration of the court and assign 
the judges to hold the terms thereof, 
subject to such regulations as the pre¬ 
siding justices of the appellate di¬ 
visions of the supreme court in the 
first ana second departments shall 
from time to time prescribed . The 

judges shall have power to appoint 
and remove a clerk, who shall keep 
his office at a place to be designated 
by the court. All civil actions or 
proceedings on the first day of Janu¬ 
ary, one thousand nine hundred and 
seventeen, pending in the county 
courts of the counties of Kings, Queens, 
Richmond anti Bronx, respectively 
shall thereupon be transferred to the 
city court of New York for hearing 
and determination, which court for 
the purpose only of such hearing and 
determination and the enforcement of 
the judgments rendered thereon shall 
have and exercise the jurisdiction 
previously vested in the respective 
county courts from which such cases 
are so transferred, at terms held 
within the counties in which the same 
are pending. Until the legislature 
shall othenvise provide, the clerk of 
the city court of the city of New York 
and the chief clerk of the county 
court in each of the counties of Kings, 
Queens, Richmond and Bronx, shall 
act within his county as clerk of the 
city court of New York, and the pre¬ 
siding judge of the court shall make 
such rules and regulations respect¬ 
ing the clerks * offices and the distri¬ 
bution of the business of the court 
in the said several counties as from 
time to time may be expedient, sub¬ 
ject to regulations of the presiding 
justices of the first and second de- 
| partments as aforesaid. 

ABSTRACT.—By this new section the city 
court of the city of New York is continued, 
and from and after January 1, 1917, it 6hall 
have the same jurisdiction and power through* 
out the city of New York, under the name of 
the city court of New York, a s It now poa* 
Besses within New York and Bronx counties, 
and original Jurisdiction m actions for the 















Ill 


Eagle Library—REVISED CONSTITUTION OF THE STATE OF NEW YORK 


I 


recoven’ of money only. In which the com¬ 
plaint demands judgment for a sum not ex¬ 
ceeding $3,000, besides the equity jurisdic¬ 
tion possessed by county courts when the 
new constitution takes effect, which last 
mentioned jurisdiction shall be only within 
the respective counties of the city by the 
judges selected within such counties. The 
court shall consist of the judges of the city 
court of the city of New York in office 
January 1, 1917, who shall continue during 
the terms for which they were elected, and 
five additional judges, two of whom shall 
reside in and be chosen by the electors of 
Kings county and one in and by the electors 
of the counties of Bronx. Richmond and 
Queens, respectively, all of whom shall be 
•lected at the general election in November, 
1916, and hold office for ten years. The suc¬ 
cessors to all such judges shall be elected 
for ten years. Until t.he legislature shall 
otherwise provide, the judge of the city court 
chosen in the county of Richmond shall be 
surrogate of that county, but the legislature 
is empowered to provide for a separate sur¬ 
rogate for that county. All civil actions or 
proceedings on January 1, 1917. pending in 

the county courts of Kings, Queens, Rich¬ 
mond and Bronx, respectively, shall be trans¬ 
ferred to the city court of New York for hear¬ 
ing and determination. Very greatly increased 
efficiency has been realized by the consolida¬ 
tion of numerous small courts into single 
tribunals, so organized that their entire judi¬ 
cial force may be kept occupied, and the 
business within the jurisdiction of the court 
fairly distributed among its various terms and 
parts. The abolition of the county courts 
within the city of New York, and the exten¬ 
sion over the whole city of the jurisdiction 
of the court of general sessions, so far as 
regards criminal jurisdiction, and of the jur¬ 
isdiction of the city court of the city of 
New York, so far as regards civil jurisdic¬ 
tion. has been recommended by associations 
of lawyers, judges and others. It has been 
thought that such consolidated courts would 
relieve the supreme court of a great number 
of small cases and would make homogeneous 
courts of civil and criminal jurisdiction, re¬ 
spectively, which would better meet the re¬ 
quirements of the business in the city of New 
York than the existing separate courts. 

Section [18] 22. Inferior local courts of 

civil and criminal jurisdiction may be estab¬ 
lished by the legislature, but no inferior local 
court [hereafter created] created after 
the first day of January, one thou¬ 
sand eight hundred and ninety-five, 
shall be a court of record. [The] Except 
as herein provided the legislature shall 
not hereafter confer upon any inferior [or] 
local court of its creation any equity jurisdic¬ 
tion or any greater jurisdiction in other 
respects than is conferred upon county courts 
by or under this article. 

The legislature may. however, pro¬ 
vide that the territorial Jurisdiction of 
any inferior local court now existing 
or hereafter established in any city 
or village or of justices of the peace 
in cities shall extend throughout the 
county in which such court or jus¬ 
tice is located, and also throughout 
such city or village irrespective of 
town or county lines. The legislature 
may also create civil divisions con¬ 
sisting of not to exceed three contigu¬ 
ous towns or parts thereof for the 
purpose of establishing therein in¬ 
ferior local courts having territorial 
jurisdiction throughout the county or 
counties in which such towns are sit¬ 
uated, The legislature may confer 
upon any inferior local court power 
to try without a jury offenses of the 
grade of misdemeanor. The legisla¬ 
ture may establish children's courts, 
and courts of domestic relations , as 
separate courts, or parts of existing 
courts or courts hereafter to be cre¬ 
ated, and may confer upon them such 
cauity and other jurisdiction as may 
he necessary for the correction, pro¬ 
tection, guardianship and disposition 
of delinquent # neglected or dependent 
minors, and for th\ punishment and 
correction of adults responsible for or 
contributing to such delinquency, 
neglect or dependency, and of all per¬ 
sons legally chargeable ivith the sup¬ 
port of a wife or children who aban¬ 
don or neglect to support either. In 
the exercise of such jurisdiction such 
courts may hear and determine such 
causes, with or without a jury, ex¬ 
cept those involving a felony . Except 
as [herein] in this article otherwise pro¬ 
vided. all judicial officers shall be elected or 
appointed at such times and in such manner 
as the legislature may direct. 

ABSTRACT.—In order to prevent the con¬ 
stant tendency of inferior local courts to ex¬ 
tend their powers and jurisdiction, this sec¬ 
tion as amended provides that no such court 
created after January 1, 1S95, shall be a court 
of record. To meet the decisions of the court 
of appeal's that under the existing consti¬ 
tution the legislature ran not extend the 
jurisdiction of a local court bpyond the units 
of the citv or village in which it is eetab.ished. 
the provisions of the above section respecting 
such courts are amended by authorizing the 
legislature to provide that the territorial jur- 
iidictlon of any Inferior local court now ex- 

”NOTT&*~M&tt«r in italics is new; matter in 
brackets [ ] la to be omitted. 


isting or hereafter established in any city 
or village, or of justices of the peace in 
cities, shall extend throughout the county in 
which such court or justice is located, and 
also throughout such city or village, irrespec¬ 
tive of town or county lines. The legislature 
is also authorized to create civil divisions, 
consisting of not to exceed three contiguous 
towns or parts thereof, for the purpose of 
establishing therein inferior local courts, hav¬ 
ing territorial jurisdiction throughout the 
county or counties in which said towns are 
situated. The legislature is further author¬ 
ized to confer upon any inferior local court 
power to try without a jury offenses of the 
grade of misdemeanor, thus enabling these 
petty offenses to be dealt with summarily 
without the delay incident to grand jury in¬ 
vestigation and trial by jury after indictment. 
To enable the legislature to keep pace with 
modern theories of dealing with delinquent 
children, not as criminals, but as wards of the 
state, a provision is also included in this 
section empowering the legislature to estab¬ 
lish children’s courts. It may also establish 
courts of domestic relations for the protec¬ 
tion of neglected children and wives. 

Section [19] 23. Clerks of the several 
counties shall be clerks of the supreme court, 
with such powers and duties as shall be 
prescribed by law. The justices of the ap¬ 
pellate division in each department shall have 
power to appoint and to remove a clerk who 
shall keep his office at a place to be desig¬ 
nated by [said] such justices. The clerk 
of the court of appeals shall keep bis office 
at the seat of government. The clerk of the 
court of appeals and the clerks of the ap¬ 
pellate divisions shall receive compensation to 
be established by law and paid out of the 
public treasury. 

Section [20] 24. No judicial officer, ex¬ 

cept justices of the peace, shall receive to 
his own use any fees or perquisites of office; 
nor shall any judge of the court of appeals, 
or justice of the supreme court, or any 
county judge or surrogate hereafter elected 
in a county having a population exceeding 
one hundred and twenty thousand, practice as 
an attorney or counselor in any court of 
record in this state, or act as referee. The 
legislature may impose a similar prohibi¬ 
tion upon county judges and surrogates in 
other counties. No one shall be eligible to the 
office of judge of the court of appeals, justice 
of the supreme court, or. except in the county 
of Hamilton, to the office of county judge 
or surrogate, who is not an attorney and 
coun c elor of this state. 

Section [21] 23. The legislature shall 

provide for the speedy publication of all stat¬ 
utes, [,] civil practice rules and rules 
of court . and the collection, compila¬ 
tion anti publication annually of the 
civil and criminal judicial statistics 
of the state, and shall regulate the reporting 
of the decisions of the courts; but all laws and 
judicial decisions shall be free for publica¬ 
tion by any person. 

ABSTRACT.—This section, as amended, re¬ 
quires the legislature not only to provide 
for the speedy publication of all statutes but 
of civil practice rules and rules of court, and 
also for the collection, compilation and pub¬ 
lication annually of the civil and criminal 
judicial statistics of the state, in order that 
the people may become better informed than 
at present concerning the work of their courts 
of justice. 

Section [22] 26. Justices of the peace and 
other local judicial officers provided for in 
sections [seventetu] nineteen and [eigh¬ 
teen] twenty-two, in office when this article 
takes effect, shall hold their offices until the 
expiration of their respective terms. 

Section [23] 27. Courts of special sessions 
and inferior local courts of similar 
character shall have such jurisdiction of 
offenses of the grade of misdemeanors as 
may be prescribed by law. 

ABSTRACT.—This section, as amended, ex¬ 
tends to inferior local courts of similar char¬ 
acter, the provisions that courts of special 
seesions shall have such jurisdiction of mis¬ 
demeanors as may be prescribed by law; 
thereby enabling the legislature to deal with 
a free hand with the whole subject of the 
organization and jurisdiction of the inferior 
criminal courts. 

Section 28. Commissioners of jurors 
now in office shall hold their offices 
until the expiration of their res pec - 
five terms. The legislature may pro¬ 
vide for the appointment of a com¬ 
missioner of jurors in any county: 
in a county in the first and second 
judicial districts, by the respective 
appellate divisions of the supreme 
court embracing those districts, and 
in a county in the other judicial dis¬ 
tricts, by the justices of the supreme 
court resident in the judicial district 
embracing such county. The legisla¬ 
ture shall define the duties of com¬ 
missioners of jurors, fix their terms j 
of office and their compensation 
which shall be a county charge. 

ABSTRACT.—This new section continues the 
commissioners of jurors now in office and i 
authorizes the legislature to provid e for the } 
appointment of a commissioner of jurors in j 
any county. The object of this provision is j 
to enable the legislature to take the appoint- j 
merit of jury commissioners out of the hand# I 
of political officials and vest it "in the courts. 

Section 29, Laws may be passed to 
provide for a system of judicial au¬ 
thentication, registration and guar¬ 


anty by the state, or by any county 
thereof, of titles to real property, the 
determination of adverse claims to 
and interests therein, and the estab¬ 
lishment by means of fees or other¬ 
wise of assurance funds to make such 
system operative. Such administrative 
powers as are necessary may be con¬ 
ferred on existing courts of record. 

ABSTRACT.—This new section authorizes 
laws to be enacted to provide for the so 
called Torrens system of registration and 
state guaranty of titles to real property. 

ARTICLE [VII] IX. 

Section 1. The credit of the state shall not 
in any manner be given or loaned to or in 
aid of any individual, association or corpora¬ 
tion. 

Section 2. The state may T, to meet casual 
deficits or failures in revenues, or for ex¬ 
penses not provided for. contract debts; but 
such debts, direct or contingent, singly or 
in the aggregate, shall not at any time exceed 
one million of dollars; and the moneys aris¬ 
ing from the loans creating such debts shall 
be applied to the purpose for which they were 
obtained, or to repay the debt so contracted, 
and to no other purpose whatever.] contract 
debts in anticipation of the receipt 
of taxes and revenues, direct or indi¬ 
rect. for the purposes and within the 
amounts of appropriations thereto¬ 
fore made: bonds or other oblgations 
for the moneys so borrowed shall be 
issued as may be provided by law, 
and shall with the interest thereon 
be paid from such taxes and revenues 
within one year from the date of 
issue. 

ABSTRACT.—The amendment to this section 
makes the following changes: At present, 
the state may contract debts, outside of those 
authorized by the people, up to one million 
dollars, without limitation as to the time or 
source of repayment. The section as amended 
strikes out this provision and provides that 
a state debt for temporary purposes only may 
be created by law within the amount and 
for the objects of an existing appropriation, 
in anticipation of taxes and revenues; but 
it must be paid within a year from its crea¬ 
tion from those taxes and revenues. 

Section 3. In addition to the above limited 
power to contract debts, the state may con¬ 
tract debts to repel invasion, suppress in¬ 
surrection, or defend the state in war; but 
the money arising from the contracting of 
such debts shall be applied to the purpose 
for which it was raised, or to repay such 
debts, and to no other purpose whatever. 

Section 4. Except the debts specified in 
sections two and three of this article, no 
debt [s] shall be hereafter contracted by 
or in behalf of this state, unless such debt 
shall be authorized by law, for some single 
work or object, to be distinctly specified 
therein. [; and such law shall impose and 
provide for the collection of a direct annual 
tax to pay, and sufficient to pay, the interest 
on such debt as it falls due, and also to pay 
and discharge the principal of such debt with¬ 
in fifty years from the time of the contract¬ 
ing thereof. 1 On the final passage of 
such bill in either house of the leg¬ 
islature, the question shall be taken 
by yeas and nays, to be duly entered 
on the journals thereof, and shall be: 
u Shall this bill pass and ought the 
same to receive the sanction of the 
peopleV* No such law shall take effect 
until it shall, at a general election, have 
been submitted to the people, and have re¬ 
ceived a majority of all the votes cast for 
and against it at such election nor shall 
it be submitted to be voted on within 
three months after its passage nor 
at any general election when any 
other law, or any bill shall be sub¬ 
mitted to he voted for or against. 
[On the final passage of such bill in either 
house of the legislature, the question shall 
be taken by ayes and noes, to be duly en¬ 
tered on the journals thereof, and shall be: 
“Shall this bill pass, and ought the same 
to receive the sanction of the people?”] The 
legislature may, at any time after the ap¬ 
proval of such law by the people, if no 
debt shall have been contracted in pursuance 
thereof, repeal the same; and may at anv 
time[,] by law[,] forbid the concracting of 
any further debt or liability under such law. 
i • but the tax imposed by such act, in 
proportion to the debt and liability which 
may have been contracted in pursuance of 
such law, shall remain in force and be irre- 
pealable. and be annually collected, until the 
proceeds thereof shall have made the pro¬ 
vision hereinbefore specified to pay and dis¬ 
charge the interest and principal of guc> 4 
debt and liability. 1 

Except the debts specified in sock 
tions two and three of this article 
all debts contracted by the state after 
the second day of November, one 
thousand nine hundred and fifteen, 
pursuant to an authorization there¬ 
for. heretofore or hereafter made and 
each portion of any such debt from 
time to time so contracted irrespec¬ 
tive of the terms of such authoriza¬ 
tion, shall be paid in equal annual 
instalments, the first of which shall 
be payable not more than one year 
and the last of which shall be pay¬ 
able not more than fifty years, after 
such debt or portion thereof shall 
have been contracted. No such debbt 














r 112 


Eagle Library—REVISED CONSTITUTION OF THE STATE OF NEW YORK 


hereafter authorized shall he con¬ 
tracted for a period longer than that 
of the probable, life of the work or 
object for which the debt is to be 
contracted, to be determined by gen¬ 
eral laws, which determination shall 
be conclusive. 

The legislature may from time to 
time alter the rate of interest to he 
paid upon any state debt which has 
been or may be authorized pursuant 
to the provisions of this section or 
upon any part of such debt, provded . 
however, that the rate of interest 
shall not he altered upon any part 
of such debt or upon any bond or 
other evidence thereof which has been 
or shall be created or issued before 
such alteration. 

The money arising from any loan [or stock] 
creating such debt or liability shall be ap¬ 
plied to the work or object specified in the 
act authorizing such debt or liability, or for 
the payment of such debt or liability [,1 
and for no other purpose whatever. [No such 
law shall be submitted to be voted on within 
three months after its passage or at any gen¬ 
eral election when any other law, or any 
bill shall be submitted to be voted for Or 
against. The legislature may provide for tne 
Issue of bonds of the state to run for a period 
not exceeding fifty years in lieu of bonds 
heretofore authorized but not issued and shall 
impose and provide for the collection of a 
direct annual tax for the payment of the 
same as hereinbefore required. When any 
sinking fund created under this section shall 
equal in amount the debt for which it was 
created, no further direct tax shall be levied 
on account of said sinking fund, and the leg¬ 
islature shall reduce the tax to an amount 
equal to the accruing interest on such debt. 
The legislature may from time to time alter 
the rate of interest to be paid upon any state 
debt, which has been or may be authorized 
pursuant to the provisions of this section, 
or upon any part of such debt, provided, 
however, that the rate of interest shall not 
be altered upon any part of such debt or upon 
any bond or other evidence thereof, which 
has been or shall be created or issued be¬ 
fore such alteration. In case the legisla¬ 
ture increase the rate of interest upon any 
such debt, or part thereof, it shall impose 
and provide for the collection of a direct 
annual tax to pay and sufficient to pay the 
increased or altered interest on such debt as 
it falls due and also to pay and discharge 
the principal of such debt within fifty years 
from the time of the contracting thereof, 
and shall appropriate annually to the sinking 
fund moneys in amount sufficient to pay such 
interest and pay and discharge the principal 
of such debt when it shall become due and 
payable. 1 

ABSTRACT.—The amendment to this sec¬ 
tion makes the following changes: At present, 
state bond issues are secured by sinking funds, 
which have proved uncertain, complicated, ex¬ 
pensive and dangerous. The above section as 
amended substitutes the simpler and cheaper 
serial bond system for the state, and also 
prevents long term bonds from being issued 
to pay for short lived improvements. It 
provides that state debts hereafter contracted 
by the issue of any bonds under a vote of 
the people, whether such vote was taken 
heretofore or be t alien hereafter, shall be 
paid off in equal annual instalments, within 
a period o2 years which shall represent the 
probable life of the work or object of such 
bond issue, but not more than fifty years. 
Such probable life shall be determined for 
different classes or works by general law, 
which determination shall be conclusive. 

Section 5. The sinking funds provided for 
the payment of interest and the extinguish¬ 
ment of the principal of the debts of the 
state _ heretofore contracted shall be 
continued; the *• shall be separately kept 
and safely invested[.] and neither of them 
shall be appropriated or used in any manner 
other than for [the specific purpose for which 
it shall have been provided] such pay¬ 
ment and extinguishment as herein¬ 
after provided. The comptroller shall 
each, year appraise the securities held 
for investment in each of such funds 
at their fair market value not ex- 
ceedny par. He shall then determine 
and certify to the legislature the 
amount of each of such funds and 
the amounts which, if thereafter an¬ 
nually contributed to each such fund, 
would, with the fund and with the 
accumulations thereon anti upon the 
contributions thereto, computed at 
the rate of three per centum per an¬ 
num. produce at the date of maturity 
the amount of the debt to retire which 
such fund was created, and the leg¬ 
islature shall thereupon appropriate 
as the contribution to each such fund 
for such year at least the amount 
thus certified. 

If the income of any such fund in 
any year is more than a sum which, 
if annually added to such fund, 
would, with the fund and its accumu¬ 
lations as aforesaifj,. retire the debt 
at maturity, the excess income may be 
appled to the interest on the debt for 
which the fund was cheated. 

After any sinking fund shall equal 
in amount the debt for which it teas 


NOTE.—Matter in italics is new; matter in 
brackets [ ] is to be omitted, _ 


| created, no further contribution shall 
1 be made thereto except to make good 
any losses ascertained at the annual 
appraisals above mentioned, and the 
income thereof shall be applied to the 
payment of the interest on such debt. 
Any excess in such income not re¬ 
quired for the payment of interest 
i may be applied to the general fund 
I of the state. 

The legislature may also by gen¬ 
eral laws provide means and author¬ 
ity whereby outstanding bonds of the 
state, for which sinking funds tire 
provided, may be exchanged at par 
for cancellation, for serial bonds of 
the form authorized under section 
four of this article, upon such terms 
and conditions as to interest and 
other*vise as it may in its discretion 
authorize or determine, except that 
the debt as thus refunded shall finally 
mature no later and at no greater 
comparative cost to the state than the 
original debt; the determination of 
the legislature as to such compara¬ 
tive cost shall be conclusve. Xo fur¬ 
ther contributions to the respective 
sinking funils shall be made on ac¬ 
count of bonds so exchanged and the 
proportion of any such sinking fund 
which the amout of the bonds so ex¬ 
changed shall bear to the amount of 
bonds outstanding of the same issue 
may be appropriated, as required, for 
the payment of the substituted serial 
bonds . 

ABSTRACT.—The amendment to this section 
makes the following changes: At present, con¬ 
tributions to the state sinking funds vary in 
amount, and are uncertain. The above sec¬ 
tion as amended provides for automatic and 
correct annual contributions to insure a nor¬ 
mal increase in these funds, so that each 
will be sufficient to pay the debt at maturity, 
and also for exchanging such sinking fund 
bonds for bonds in the simpler and safer 
serial form. 

Section [11.] 6*. [The legislature may ap¬ 
propriate out of any funds in the treasury, 
moneys to pay the accruing interest and prin¬ 
cipal of any debt heretofore or hereafter cre¬ 
ated, or any part thereof and may set apart 
in each fiscal year, moneys in the state treas¬ 
ury as a sinking fund to pay the. interest as 
it falls due and to pay and discharge the 
principal of any debt heretofore or hereafter 
created under section four of article seven of 
the constitution until the same shall be wholly 
paid, and tlie principal and income of such 
sinking fund shall be applied to the purpose 
for which said sinking fund is created and to 
no other purpose whatever; and. in the event 
such moneys so set apart in any fiscal year 
be sufficient to provide such sinking fund, a 
direct annual tax for such year need not be 
imposed and collected, as required by the pro¬ 
visions of said section four of article seven, 
or of any law enacted in pursuance thereof. ] 
The legislature shall annually pro¬ 
vide by appropriation for the pay¬ 
ment of the interest upon and in¬ 
stalments of principal of all debts 
created on behalf of the state except 
those contracted under section two of 
this article, as the same shall fall 
due, and for the contribution to all 
of the sinking funds heretofore cre¬ 
ated by law. of the amounts annually 
to be contributed under the provi¬ 
sions of section five of this article. 
If at any time the legislature shall 
fail to make any such appropriation. 
the comptroller shall set apart from 
the first revenues thereafter received, 
applicable to the general fund of the 
state , a sum sufficient to pay such 
interest, instalments of prncpal, or 
contrbutons to such sinking fund, as 
the case may be, and shall so apply 
the moneys thus set apart. The comp¬ 
troller may be required to set aside 
and apply such revenues as afore¬ 
said. at the suit of any holder of such 
bonds. 

ABSTRACT.—The amendment to this section 
makes the following changes: The present 
provision for contributions to sinking funds 
has resulted in too much being paid in 
most years, and too little in some others. 
The above section as amended supplies a 
mandatory provision directing the legislature 
to appropriate sums necessary for interest, in¬ 
stalments of principal, contributions to exist¬ 
ing sinking funds, and in case of its failure 
so to do. the comptroller is directed to make 
such payments out of the first available 
moneys in his hands. 

Section [12.] 7. [Improvement of high¬ 

ways.—] Debts hereafter authorized 
for the i mprovement of highways 
shall be created only in the manner 
provided in section four of this 
article. Xo provision of this article 
shall be deemed to impair or affect 
the validity of any debt of the state 
heretofore contracted or any right or 
obligation heretofer created between 
the state and any of its civil divi¬ 
sions. 

[A debt or debts of the state may be au¬ 
thorized by law' for the improvement of high¬ 
ways. Such highways shall be determined 
under general laws, which shall also provide 
for the equitable apportionment thereof among 
the counties. The aggregate of the debts au¬ 
thorized by this section shall not at any one 
time exceed the sum of fifty millions of dol¬ 


lars. The payment of the annual interest on 
such debt and the creation of a sinking fund 
of at least two per centum per annum to dis¬ 
charge the principal at maturity shall be pro¬ 
vided by general laws whose force and effect 
shall not be diminished during the existence 
of any debt created thereunder. The legisla¬ 
ture may by general laws require the county 
or town or both to pay to the sinking fund 
the proportionate part of the cost of any such 
highway within the boundaries of such county 
or town and the proportionate part of the in¬ 
terest thereon, but no county shall at any 
time for any highway be required, to pay more 
than thirty-five hundredths of the cost of such 
highways, and no town more than fifteen hun¬ 
dredths" None of the provisions of the fourth 
section of this article shall apply to debts for 
the improvement of highways hereby author¬ 
ized. ] 

ABSTRACT.— The amendment to this section 
makes the following changes: The present 
section provided a special method for highway 
bond issues. The amendment substitutes a 
provision which allows highway bonds to b® 
issued in the same manner as the other bond® 
of the state. No amendment to the article is 
to affect such highway debt heretofore con¬ 
tracted, or rights and obligations heretofore 
created between the state and any of its civil 


divisions. 

Section $. The moneys authorized 
to be raised by the sale of highway 
bonds pursuant to the law approved 
by vote of the people at the general 
election held in the year one thous¬ 
and nine hundred and twelve t which 
have been apportioned to certain 
counties in excess of the sums, to he 
determined by the comptroller, which 
are or will he required to construct 
and improve the highways thereto¬ 
fore determined by general laws to 
he constructed, and improved in surf* 
counties, shall be applied by the su¬ 
perintendent of public works after 
appropriation by the legislature to 
the construction and improvement of 
such state routes and portions there¬ 
of. as were defined by law when surf j 
bonds were <iuthorized, and located 
outside of such counties, as he may 
deem expedient • 

ABSTRACT—By a peculiar situation, over 
two million dollars have been lawfully appor¬ 
tioned among several counties for the improve¬ 
ment of highways therein under circumstances 
which prevent the money from being lawfully 
expended therefor, or for any other purpose, 
without a constitutional amendment. The high¬ 
ways for which the money might otherwise 
have been used are already constructed. The 
above new' section is designed to make such 
money available for the construction and im¬ 
provement of unfinished trunk lines of high¬ 


ways outside of such counties. 

Section [G. ] t). Neither the legislature, 

canal lx)ard, nor any person or persons acting 
in behalf of the state, shall audit, allow', or 
pay any claim which, as between citizens of 
the state, would be barred by lapse of time. 
This provision shall not be construed to repeal 
any statute fixing the time within w'hich 
claims shall be presented or allowed, nor shall 
it extend to any claims duly presented within 
the time allow r ed by law, and prosecuted w r ith 
due diligence from the time of such present¬ 
ment. But if the claimant shall be under legal 
disability, the claim may be presented within 
two years after such disability is removed.. 

Section [S. ] lO. The legislature shall not 
sell, lease or otherwise dispose of the Erie 
canal, the Osw'ego canal, the Champlain canal, 
the Cayuga and Seneca canal, [or] the Black 
River canal, or canal terminals here¬ 
tofore or hereafter constructed, nor 
shall any easement in or incumbrance 
on such canals or terminals be cre¬ 
ated: but they shall remain the property of 
the state and under its management forever. 
When, necessary in the opinion of the 
superintendent of public works, ease¬ 
ments in canal lands may be granted 
for purposes of bridge construction . 
provided that such easements shall 
not interfere with or impair the use 
of the canals. [The prohibition of lease, 
sale or other disposition herein contained, shall 
not apply to the canal know r n as the Main and 
Hamburg street canal, situated in the city of 
Buffalo, and w'hich extends easterly from the 
westerly line of Main street to the westerly 
line of Hamburg street. All funds that may 
be derived from any lease, sale or other dis¬ 
position of any canal shall be applied to the 
improvement, superintendence or repair of the 
remaining portion of the canals.] The canals 
to which such prohibition applies 
shall be those now known as the Erie 0 
the Oswego, the Champlain, the Cayuga 
and Seneca, and the Black Rivet 9 
canals until the barge canal improve¬ 
ment under chapter one hundred and 
forty-seven of the laws of one thous¬ 
and nine hundred and three, as here¬ 
tofore amended, and chapter three 
hundred and ninety-one of the laws 
of one thousand nine hundred and 
nine, as heretofzV3 amended, shall 
have been completed, tvhen such pro¬ 
hibition shall apply only to the saUl 
terminals, the Black River canal, the 
said improved canals, the portions of 
existing canals heretofore reservefl 
for barge canal or canal terminal 
purposes by statute, the existing in¬ 
land Erie canal from Tonawanda 
creek to connection with the Black 


\ 














Eagle Library—REVISED CONSTITUTION OF THE STATE OF NEW YORK 


113 ^ 


JRoclc harbor, those portions of the 
ana Champlain canals hereto- 
v.***, reserved by chapter two hun- 
forty-three of the laws of 
one thousand nine hundred and thir¬ 
teen and canal slips numbers one and 
two in the city of Buffalo; provided , 
Jiou’cve?\ that in the city of Utica that 
portion of the existing Erie canal be- 
tiveen Schuyler and Third streets may 
or otherwise disposed of an 
condition that a flow of sufficient 
water form Schuyler to Third street 
* bSf i tjiut portion of the canal east 
or Third street be maintained . The 
abandonment, sale or other disposi¬ 
tion of canals or canal property shall 
oe under and pursuant to general 
i aU +u on 'JJ and such laws shall secure 
to the state the fair appraisal value 
of the property which may be aban- 
(loned and sold. Such general laws 
may provde for the abandonment of 
portons of the exsttng canals which 
°f ihe completion of parts 
of the barge canals shall have become 
unnecessary for purposes of naviga¬ 
tion and shall be certified by the su¬ 
perintendent of public worlcs to have 
become so. 


Jjrectfc property which has been or 
which may hereafter be appropri¬ 
ated for canal purposes shall be 
deemed to be held by the state in fee 
unless expressly taken for temporary 
purposes . 


The leasing of surplus waters of 
any of the state canals or canal feed - 
or an V waters impounded by 
the construction of dams , reservoirs 
or other structures shall hereafter be 
pursuant to general laws only , but 
this provision shall not authorise the 
use for other than navigation pur¬ 
poses of water diverted from the 
Black river watershed to feed the Erie 
canal, No such lease nor the use of 
waters thereunder shall in any way 
injure , impair. Interfere with. or en¬ 
danger navigation or the construc¬ 
tion, use r maintenance, operation or 
safety of the canals or of other prop¬ 
erty of the stale. Each lease shall be 
for a stated period not exceeding 
thirty years and shall reserve to the 
state the rights whenever in the opin¬ 
ion of those having charge of the 
management and operation of the 
canals the needs of navigation re¬ 
quire it, to terminate or suspend the 
same and to regulate or alter the 
amount of water to be used there¬ 
under, together with the correspond¬ 
ing compensation therefor , without 
incurring liability upon the part of 
the state, 

ABSTRACT,—This amendment extends the 
existing prohibition against the sale, lease or 
other disposition of the Erie and other canals 
bo as to embrace canal terminals heretofore 
or hereafter constructed, It also defines the 
canals to which such prohibition applies; such 
definition being necessary on account of the 
construction of the barge canals which, when 
completed will leave certain existing canals 
and canal lands in a condition where they 
cannot be used for canal purposes, The amend¬ 
ment therefore provides that the abandonment, 
sale or other disposition of canals ur canal 
property which shall cease to be a part of 
the canal system shall be only pursuant to 
general laws, which shall secure to the state 
the fair appraised value thereof. The granting 
of easements with respect to canals in active 
operation Is confined to easements for neces¬ 
sary bridges, It is also provided that surplus 
waters of the canals may be leased, but only 
pursuant to general and not special laws, The 
paragraph relating to real property appropri¬ 
ated is designed to remove an uncertainty as 
to the state’s title to the property, and does 
not in any manner interfere with vested rights, 

Section [9, ] 11, NQ tolls shall hereafter 

be imposed on persons or property transported 
on the canals, but all boats navigating the 
canals and the owners and masters thereof, 
shall be subject to such Jaws and regulations 
as have been err may hereafter be enacted 
concerning the navigation of the canals. The 
legislature shall annually, by equitable taxes, 
make provision for the expenses of the super¬ 
intendence and repairs of the canals, All con¬ 
tracts for work ojr materials on any canal shall 
be made with the persons who shall offer to do 
or provide the same at the lowest price, with 
adequate security fop their performance, No 
extra compensation shall be made to any con¬ 
tractor; hut if, from any unforeseen cause, the 
terms of any contract shall prove to be unjust 
and oppressive, the canal board may, upon the 
application of the contractor, cancel such con¬ 
tract, 

Section [10- ] 12' The canals may be im¬ 
proved in such manner as the legislature shall 
provide by law, A debt may be authorized 
for that purpose in the mode prescribed by sec¬ 
tion four of this article, or the cost of such 
improvement may be defrayed by the appro¬ 
priation of funds from the state treasury, or 
by equitable annual tax, 


ARTICLE X, 

Secton 1 . The pawer of taxaton shall 
never be surrendered , suspended or 


NOTE.—Matter in italics is new; matter in 
brackets l J i* to be omitted. 


contracted away, except as to the se¬ 
curities of the state or a civil division 
thereof. Hereafter no exemption from 
taxation shall be granted except by 
general laws anil upon the affirmative 
vote of two-thirds of all the members 
elected to each house. 

ABSTRACT.—This section prohibits exemp¬ 
tion from taxation by contract, except as to 
the securities of the state or a civil division 
thereof. Exemption contracts have been held 
by the oourts to be irrepealable, and the 
power of taxation over the exempted property 
is lost forever. Future exemption can be 
granted only by general laws, which must re¬ 
ceive a two-thirds vote of the members elected 
to each house of the legislature Instead of a 
majority as at present. 

Section 2 . Taxes shall be imposed 
by general laws and for public pur¬ 
poses only. The legislature shall pre¬ 
scribe how taxable subjects shall be 
assessed and provide for officers to 
execute laws relating to the assess¬ 
ment and collection of taxes, any 
provision of section two of article 
thirteen of this constitution to the 
contrary notwithstanding . The legis¬ 
lature shall provide for the super- 
vision, review and equalization of 
assessments. 

Section 3 . Eor the assessment of 
real property , heretofore locally as¬ 
sessed, the legislature shall establish 
tax districts, none of which. unless it 
be a city , shall embrace more than 
one county . The assessors therein 
shall be elected by the electors of 
such districts or appointed by such 
authorities thereof as shall be desig¬ 
nated by law , The legislature may 
provide that the assessment roll of 
each larger district shall serve for 
all the lesser tax districts within its 
boundaries, A T o such tax ilistrict 
larger than a town , except a city 
shall be established until the law 
providing therefor shall have been 
adopted by a vote of a majority of 
the electors voting thereon in such 
proposed district at an election for 
which provision *shall be made by 
law . The legislature may . however 
provide for the assessment by state 
authorities of all the property of des¬ 
ignated classes of public service cor¬ 
porations. 

ABSTRACT.—Sections two and three require 
to be read in conjunction, Their effect is as 
follows: All taxes are required to be Imposed 
by general laws and for publio purposes only. 
The legislature is required to classify the 
subjects of taxation and to designate what 
officers shall assess and collect taxes except 
that in the assessment of ordinary real prop¬ 
erty the assessing officers must be selected 
locally. The legislature is to establish, out¬ 
side of the city of New York, tax district 
units not larger than a county, but no tax 
district larger than a town can be established 
without a local referendum. One system of 
assessment and collection may be established 
for all the tax districts within the larger tax 
district unit, This will avoid the present ex¬ 
tensive duplication of work, resulting in a 
large saving of expense. The legislature is re¬ 
quired to provide for supervision, review and 
equalization of assessments, which will make 
for greater uniformity and less inequality in 
taxation, The legislature is empowered to pro¬ 
vide for the assessment of all the property of 
public service corporations by state authorities. 
The nature and extent of steam and street 
railroad, telephone and telegraph, electric, gas 
and water properties has been found to pre¬ 
clude their proper valuation by local assessors. 
These sections vest complete and unhampered 
power In the legislature to deal effectively 
with the subject of taxation to the end that 
property now notoriously escaping taxation may 
be made to bear a fair and just share of the 
burdens of government, 

ARTICLE [VIII.] XI. 

Section 1. Corporations may be formed under 
general laws; but shall not be created by spe¬ 
cial act, except for municipal purposes, and 
in cases where, in the judgment of the legist 
lature, the objects of the corporation cannot 
be attained under general laws. All general 
laws and special acts passed pursuant to this 
section may be altered from time to time or 
repealed. 

Section 3, Dues from corporations shall be 
secured by such individual liability of the 
corporators and other means as may be pre¬ 
scribed by law. 

Section 3. The term corporation as used in 
this article shall be construed to include all 
associations and joint stock companies having 
any of the powers or privileges of corporations 
not possessed by individuals or partnerships. 
And all corporations shall have the right to 
sue and shall be subject to be sued in all 
courts in like cases as natural persons. 

Section 4, The legislature shall, by general 
law, conform all charters of savings banks, or 
institutions for savings, to a uniformity of 
powers, rights and liabilities, and all charters 
hereafter granted for such corporations shall 
be made to conform to such general law', and 
to such amendments as may be made thereto. 
And no such corporation shall have any cap¬ 
ital stock, nor shall the trustees thereof, or 
any of them, have any interest whatever, 
direct or indirect, in the profits of such cor¬ 
poration; and no director ur trustee of any 


such bank or institution shall be interested 
in any loan or use of any money or property 
of such bank or institution for savings. The 
legislature shall have no powder to pass any act 
granting any special charter for banking pur¬ 
poses; but corporations or associations may be 
formed for such purposes under general laws. 

Section 5. The legislature shall have no 
power to pass any law sanctioning in any 
manner, directly or indirectly, the suspension 
of specie payments, by any person, association 
or corporation, issuing bank notes of any de¬ 
scription. 

Section 6. The legislature shall provide by 
law for the registry of all bills or notes, issued 
or put in circulation as money, and shall re¬ 
quire ample security for the redemption of the 
I same in specie. 

Section 7. The stock holders of every cor- 
| poration and Joint stock association for bank¬ 
ing purposes, shall be individually responsible 
to the amount of their respective share or 
I shares of stock in any such corporation or as- 
; sociation, for all its debts and liabilities of 
i every kind. 

Section 8. In case of the insolvency of any 
| bank or banking association, the billholders 
thereof shall be entitled to preference in pay¬ 
ment, over all other creditors of such bank or 
association. 

Section 9. Neither the credit nor the money 
of the state shall be given or loaned to or in 
aid of any association, corporation or private 
undertaking. This section shall not, however, 
prevent the legislature from making such pro¬ 
vision for the education and support of the 
blind, the deaf and dumb, and juvenile de¬ 
linquents, as to it may seem proper. Nor 
shall it apply to any fund or property now 
held, or which may hereafter be held, by the 
state for educational purposes. 

Section 10, No county, city, towm or village 
shall hereafter give any money or property, or 
loan its money or credit to or in aid of any 
individual, association or corporation, or be¬ 
come directly or indirectly the owner of stock 
in, or bonds in, any association or corporation; 
nor shall any such county, city, town or vil¬ 
lage be allowed to incur any indebtedness ex¬ 
cept for county, city, town or village purposes. 
This section shall not prevent such county, 
city, town or village from making such pro¬ 
vision for the aid or support of its poor as 
may be authorized by law. 

Section 11 . [Part of § 10 of present article 
eight.] No county or city shall be allowed to 
become indebted for any purpose or in any 
manner to an amount which, including exists 
ing indebtedness, shall exceed ten per centum 
of the assessed valuation of the real estate of 
such county or city subject to taxation, as it; 
appeared by the assessment rolls of [said] 
such county or city on last assessment for 
state or county taxes prior to the incurring of 
such indebtedness; and all indebtedness in ex¬ 
cess of such limitation, except such as now 
may exist, shall be absolutely void, except aa 
herein otherwise provided, No county or city 
whose present indebtedness exceeds ten per 
centum of the assessed valuation of its real 
estate subject to taxation, shall be allowed to 
become Indebted in any further amount until 
such indebtedness shall be reduced within such 
limit. This section 6hall not be construed to 
prevent the issuing of certificates of indebted¬ 
ness or revenue bonds Issued in anticipation of 
the collection of taxes for amounts actually 
contained, or to be oontained in the taxes for 
the year when such certificates or revenue 
bonds are issued and payable out of such 
taxes; nor to prevent the city of New York 
from issuing bonds to be redeemed out of the 
tax levy for the year next succeeding the year 
of their issue, provided that the amount cf 
such bonds which may be issued in any one 
year in excess of the limitations herein con¬ 
tained shall not exceed one-tenth of one per 
centum of the assessed valuation of the real 
estate of [said] such city subject to taxation. 
Nor shall this section be construed to prevent 
the issue of bonds to provide for the supply of 
w'ater. [; but the term of the bonds issued 
to provide for the supply of water, in excess 
of the limitation of Indebtedness fixed herein, 
shall not exceed twenty years, and a sinking 
fund shall be created on the issuing of the 
said bonds for their redemption, by raising an¬ 
nually a sum which will produce an amount 
equal to the sum of the principal and interest 
of said bonds at their maturity,] All certifi¬ 
cates of indebtedness or revenue bonds issued 
in anticipation of the collection of taxes which 
are not retired within five years after their 
date of issue, and bonds issued to provide for 
the supply of water, and any debt hereafter 
incurred by any portion or part of a city if 
there shall be any such debt, shall be included 
in ascertaining the power of the city to be¬ 
come otherwise indebted; except that debts in¬ 
curred by [the city of New York] cities of 
the first class after the first day of JantK 
ary, [nineteen] one thousand nine hun* * 
dred and four, and debts incurred by any city 
of the second class after the first 1 day 
January, [nineteen] one thousand nine 
hundred and eight, and debts incurred by any 
city of the third class after the first day of 
January, [nineteen] one thousand nine 
hundred and ten, to provide for the supply of 
water, shall not be so included; and except 
further that any debt hereafter incurred by 
the city of New T York for a public improve¬ 
ment owned or to be owned by the city, which 
yields to the city current net revenue, after 
making any necessary allowance for repair* 
and maintenance for which the city is liable 
in excess of the interest on [saidl such debt 
afid of the anuual instalment* 



















r 114 


Eagle Library—REVISED CONSTITUTION OF THE STATE OF NEW YORK 


its amortization may be excluded in ascertain¬ 
ing the power of [said] such city to become 
otherwise indebted, provided that a sinking 
fund for its amortization shall have been estab¬ 
lished and maintained and that the indebted¬ 
ness shall not be excluded during any period 
of time when the revenue aforesaid shall not 
be sufficient to equal [the said] such interest 
and amortization instalments, and except fur¬ 
ther that any indebtedness heretofore incurred 
by the city of New York for any rapid transit 
or dock investment may be so excluded pro¬ 
portionately to the extent to which the current 
net revenue received by [said] such city 
therefrom shall meet the interest and amorti¬ 
zation instalments thereof, provided that any 
increase in the debt incurring power of the 
city of New York which shall result from the 
exclusion of debts heretofore incurred shall be 
available only for the acquisition or construc¬ 
tion of properties to be used for rapid transit 
or dock purposes. The legislature shall pre¬ 
scribe the method by which and the terms and 
conditions under which the amount of any debt 
to be so excluded shall be determined, and no 
such debt shall be excluded except in ac¬ 
cordance with the determination so prescribed 
The legislature may in its discretion confer 
appropriate jurisdiction on the appellate divi¬ 
sion of the supreme court in tha first judicial 
department for the purpose of determining the 
amount of any debt to be so excluded. No in¬ 
debtedness of a city valid at the time of its 
inception shall thereafter become invalid by 
reason of the operation of any of the provi¬ 
sions of this section. Whenever the boundaries 
of any city are the same as those of a countv 
or When any city shall include within its 
boundaries more than one county, the power 
of any county wholly included within such city 
to become indebted shall cease, but the debt of 
the county, heretofore existing, shall not for 
the purposes of this section, be reckoned ’as a 
part of the city debt. The amount hereafter to 
be raised by tax for county or city purposes 
in any county containing a city of over one 
hundred thousand inhabitants, or any such city 
of this state, in addition to providing for the 
principal and interest of existing debt shall 
not in the aggregate exceed in any one year 
two per centum of the assessed valuation of 
the real and personal estate of such county or 
city, to be ascertained as prescribed in this 
section in respect to county or city debt. 

ABSTRACT.—This section was formerly part 
of section ten of present article eight. The 
essential amendment thereto consists in making 
the existing provisions, relating to debts that 
are to be excluded in ascertaining the power of 
a city to become indebted, applicable to the 
cities of Buffalo and Rochester. These two 
cities are the only cities in the state which 
have not now the privilege of excluding water 
bonds in ascertaining their debt limit. 

Section 12. The legislature shall pro¬ 
vide for the method and limitations 
tinder which debts may be contracted 
by the cities, counties, towns, villages 
and other civil divisions of the state 
to the end that such debts shall be 
payable in annual instalments the 
last of which shall fall due and be 
paid within fifty years after such 
debt shall have been contracted and 
that no such debt shall be contracted 
for a period longer than the probable 
life of the worh or object for which 
the debt is to be contracted. 

ABSTRACT—This new section requires the 
legislature to provide that hereafter the cities 
and other civil divisions of the state shall 
issue serial bonds only and that local debts 
may not be contracted for a longer period 
than the probable life of the work or object 
tor which the debt is created. By this sec¬ 
tion the financial policy of cities and other 
civil divisions is made to conform to that of 
the state as provided in article nine. 

Section [U-] 13. The legislature shall pro¬ 

vide for a state board of charities, which shall 
visit and inspect all institutions, whether state, 
county, municipal, incorporated or not incor¬ 
porated. which are of a charitable, eleemosy¬ 
nary, correctional or reformatory character, 
excepting only such institutions as are hereby 
made subject to the visitation and inspection 
of either of the commissions, hereinafter men¬ 
tioned. but including all reformatories except 
those in which adult males convicted of felony 
shall be confined; a state commission in 
lunacy [.] in which shall remain the 
management and fiscal control of the 
state hospitals for the insane (not 
including institutions for criminals 
or convicts) except in so far as such 
management may now or hereafter be 
delegated by the legislature to local 
boards of managers, and which shall 
visit and inspect all institutions, either public 
or private, used for the care and treatment of 
the insane (not including Institutions for epi¬ 
leptics or idiots); a state commission of prisons 
which shall visit and inspect all institutions 
used for the detention of sane adults charged 
with or convicted of crime, or detained as wit- 
nesses or debtors, 

ABSTRACT.—-The purpose and effect of this 
amendment is to insure by constitutional pro¬ 
vision the continued management and fiscal 
control of the state hospitals for the insane 
under the jurisdiction of the state hospital 
commission. For twenty-six years the legis¬ 
lature has been adding to the statutory powers 
of such commission, in the up-building of the 
commission. The provisions of the amendment 

NOTE*—Matter in italics Is new; matter in 
brackets [ ] is to be omitted. 


adopted by the convention will insure the pres¬ 
ent powers of the commission beyond the pos¬ 
sibility of interference by the legislature. 

Section [12.] 14. The members of [the 

said] such board and of [the said] such 
commission shall be appointed by the governor, 
by and with the advice and consent of the 
senate; and any member may be removed from 
office by the governor for cause, an opportunity 
having been given him to be heard in his 
defense. 

Section [13.] 13. Existing laws relating to 
institutions referred to in the foregoing sec¬ 
tions and to their supervision and inspection, 
in so far as such laws are not inconsistent 
with the provisions of [the] this constitution, 
shall remain in force until amended or repealed 
by the legislature. The visitation and inspec¬ 
tion herein provided for, shall not be exclusive 
of other visitation and inspection now author¬ 
ized by law*. 

Section [14.] 16. Nothing in this constitution 
contained shall prevent the legislature from mak¬ 
ing such provision for the education and support 
of the blind, the deaf and dumb, and juvenile 
delinquents, as to it may seem proper; or pre¬ 
vent any county, city, town or village from 
providing for the care, support, maintenance 
and secular education, of inmates of orphan 
asylums, homes for dependent children or cor¬ 
rectional institutions, whether under public or 
private control. Payments by counties, cities, 
towns and villages to charitable, eleemosynary, 
correctional and reformatory institutions, wholly 
or partly under private control, for care, sup¬ 
port and maintenance, may be authorized, but 
shall not be required by the legislature. No 
such payments shall be made for any inmate 
of such institutions who is not received and 
retained therein pursuant to rules established 
by the state board of charities. Such rules 
shall be subject to the control of the legis¬ 
lature by general lawrs. 

Section [15.1 17. Commissioners of the state 
board of charities and commissioners of the 
state commission in lunacy, now holding office, 
shall be continued in office for the term for 
which they were appointed, respectively, unless 
the legislature shall otherwise provide. The 
legislature may confer upon the commissions 
and upon the board mentioned in the foregoing 
sectiong any additional powers that are not in¬ 
consistent with other provisions of this consti¬ 
tution. 

ARTICLE [IX.] XII. 

Section 1. The legislature shall provide for 
the maintenance and support of a system of 
free common schools, wherein all the children 
of this state may be educated. 

Section 2. The corporation created in the 
year one thousand seven hundred and eighty- 
four, under the name of The Regents of the 
University of the State of New York, is hereby 
continued under the name of The University of 
the State of New' York. It shall be governed 
and its corporate powers, which may be in¬ 
creased, modified or diminished by the legisla¬ 
ture, shall be exercised, by not less than nine 
regents. 

Section 3. The capital of the common school 
fund, the capital of the literature fund, and 
the capital of the United States deposit fund, 
shall be respectively preserved inviolate. The 
revenue of [the said] such common school 
fund shall be applied to the support of com¬ 
mon schools; the revenue of [the said] such 
literature fund shall be applied to the support 
of academies; and the sum of tw'enty-flve 
thousand dollars of the revenues of the United 
States deposit fund shall each year be appro¬ 
priated to and made part of the capital of [the 
said] such common school fund. 

Section 4. Neither the state nor any sub¬ 
division thereof, shall use its property or credit 
or any public money, or authorize or permit 
either to be used, directly or indirectly, in aid 
or maintenance, other than for examination or 
inspection, of any school or institution of learn¬ 
ing wholly or In part under the control or di¬ 
rection of any religious denomination, or in 
w'hich any denominational tenet or doctrine is 
taught. 

ARTICLE [X.1 XIII. 

Section 1. Sheriffs, clerks of counties, dis¬ 
trict attorneys, and registers in counties having 
registers, shall be chosen by the electors the 
respective counties, once in every three years 
and as often as vacancies shall happen, except 
in the counties of New York and Kings, and 
in counties whose boundaries are the same as 
those of a city, where such officers shall be 
chosen by the electors once in every two or 
four years as the legislature shall direct. 
Sheriffs shall hold no other office, and be in¬ 
eligible for the next term after the termina¬ 
tion of their offices. They may be required by 
law* to renew their security, from time to time; 
and in default of giving such new security, 
their offices shall be deemed vaoant. But the 
county shall never be made responsible for the 
acts of the sheriff. The governor may remove 
any officer, in this section mentioned, within 
the term for which he shall have been elected; 
giving to such officer a copy of the charges 
against him, and an opportunity of being heard 
In his defense. 

Section 2. All county officers, whose election 
or appointment is not provided for by this con¬ 
stitution, shall be elected by the electors of the 
respective counties or appointed by the boards 
of supervisors, or other county authorities, as 
the legislature shall direct. All city, town and 
village officers[,] whose election or appoint¬ 
ment is not provided for by this constitution, 
shall be elected by the electors of such cities, 
town and villages, or of some division thereof, 
or appointed by such authorities thereof, as 


[the legislature shall designate for that pur¬ 
pose.] shall be provided by law. All 
other officers, whose election or appointment is 
not provided for by this constitution, and all 
officers, w'hose offices may hereafter be cre¬ 
ated by law, shall be elected by the people, or 
appointed, as [the legislature may directJi 
may be provided by law. 

ABSTRACT.—The amendment to this section, 
substituting the expression “provided by law’* 
for “legislature shall designate (or direct),” is 
designed to harmonize the effect with that of 
the amendments to the sections now numbered 
25 and 26 of article 3. 

Section 3. When the duration of any office Is 
not provided by this constitution, it may be 
declared by law', and if not so declared, such 
office shall be held during the pleasure of the 
authority making the appointment. 

Section 4. The time of electing all officers 
named in this article shall be prescribed by 
law. 

Section 5. The legislature shall provide for 
filling vacancies in office, and in case of elec¬ 
tive officers, no person appointed to fill a va¬ 
cancy shall hold his office by virtue of such 
appointment longer than the commencement of 
the political year next succeeding the first 
annual election after the happening of the 
vacancy. 

[Present § 6 has been transferred to article 
3 and becomes § 7 thereof. ] 

Section [7.] 6. Provision shall be made by 
law for the removal for misconduct or mal¬ 
versation in office of ail officers, except judi¬ 
cial, w'hose powders and duties are not local or 
legislative and who shall be elected at general 
elections, and also for [supplying] filling 
vacancies created by such removal. 

Section [8.] 7. The legislature may declare 
the cases in which any office shall be deemed 
vacant when no provision is made for that 
purpose in this constitution. 

Section [9.] S. No officer whose salary Is 
fixed by this constitution shall receive any ad¬ 
ditional compensation. Each of the other state 
officers named in this constitution shall, during 
his continuance in office, receive a compensa¬ 
tion, to be fixed by law, which shall not be 
increased or diminished during the term for 
which he shall have ben elected or appointed* 
nor shall he receive to his use any fees or 
perquisites of office or other compensation 

Section [Art 5, § 8.] 9. Ail offices’ for 

the weighing, gauging, measuring, culling or 
inspecting any merchandise, produce, manufac¬ 
ture or commodity whatever, are hereby abol¬ 
ished; and no such office shall hereafter be 
created by law; but nothing in this section 
contained shall abrogate any office created for 
the purpose of protecting the public health or 
the interests of the state in its property, rev¬ 
enue, tolls or purchases, or of supplying the 
people wfith correct standards of weight* and 
measures, or shall prevent the creation of any 
office for such purposes hereafter. 

Section [Art. 5 § 9.J 10. Appointments and 
promotions In the civil service of the state 
and of all the civil divisions thereof inciud- 
In? cities and villages, shall be made accord, 
ing to merit and fitness to be ascertained so 
far as practicable, by examinations, whi-'h so 
far as practicable, shall be competitive” pro¬ 
vided, however, that honorably discharged 
soldiers and sailors from the army and navv 
of the United States in the late civil wap who 
are citizens and residents of this state.'shall 
be entitled to preference in appointment and 
promotion, without regard to their standing on 
any list from which such appointment or pro- 
motion may be made. Laws shall be made to 
provide for the enforcement of this section. 

ARTICLE 1X1.1 XIV. 

Section 1. Ail abie-bodied male citizens be¬ 
tween the ages of eighteen and forty-five years 
who are residents of the state, shall constitute 
the militia, subject however to such exemn 
tlons as are now, or may be hereafter created 
by the laws of the United States, or by tha 
legislature of this state. ^ 

Section 2. The legislature may provide for 
the enlistment into the active force of such 
other persons as may make application to he 
so enlisted. 

Section 3. The militia shall be organized and 
divided Into such land and naval, and active 
and reserve forces as the legislature mav 
deem proper, pprovided however that ther* 
shall be maintained at all times a force of not 
less than ten thousand enlisted men, fully uni 
formed, armed, equipped, disciplined and reader 
for active service. And It shall be the duty of 
the legislature at each session to make suffici¬ 
ent appropriation for the maintenance thereof 

Section 4. The governor shall appoint [the 
chiefs of the several staff departments,] his 
aides-de-camp and military secretary and the 
adjutant general of the state, all of 
whom shall hold office during his pleasure 
their commissions to expire with the term for 
which the governor shall have been elected* 
he shall also nominate, and with the consent 
of the senate appoint, all major[-J genera^ 
The leislature may prescribe the 
number and qualifications of major 
i generate and aides-de-camp . 

I ABSTRACT.—See the abstract below under 
| section 6 of this article. 

i Section 5. Ai! other commissioned and non- 
I commissioned officers shall be chosen op ap- 
j pointed in such manner and shall have 

| such qualifications as the legislature may 
deem most conducive to the improvement of 
1 the militia, provided, however, that no law 
shall be passed changing the existing mode of 
j election and appo.nunent unless two-third* of 











115 


i 


Eagle Library—REVISED CONSTITUTION OF THE STATE OF NEW YORK 


the members present In each house shall con¬ 
cur therein. •. 

ABSTRACT.—See the abstract . below under 
section 6 of this article. 

Section 6. The commissioned officers shall 
be commissioned by the governor as com- 
mander-in-chlef. No commissioned officer shall 
removed from office during the term for 
which he shall have been appointed or elected, 
U ? fv? s ^> r the senate on the recommendation 
of the governor, stating the grounds on which 
sucn removal is recommended, or by the 
sentence of a court martial, or upon the find¬ 
ings of an examining board organized pur¬ 
suant to law', or for absence without leave for 
a period of [six] three months or more. 

ABSTRACT.—The provisions of the present 
constitution have become inoperative in cer¬ 
tain particulars, by reason of acts of congress 
requiring that the organization of our National 
conform to that of the regular army. 
This, congress is empowered to do, by the 
federal constitution. The state of New York 
had anticipated this federal law' by enacting 
our military law of 1S98. under which the 
.National Guard had been reorganized. The 
purpose of the amendments to sections four, 
five and six of this article is to harmonize 
our constitution with the demands of the fed¬ 
eral law, and also with the existing practice 
as embodied in the state military law of 1898. 

ARTICLE [XII.] XV. 

Section 1. It shall be the duty of the legis¬ 
lature by general laws to provide for the 
organization of new cities[, and Incorporated 
villages, and to restrict their power of taxation, 
assessment, borrowing money, contracting debts, 
and loaning their credit, so as to prevent abuses 
in assessments and in contracting debt by 
•uch municipal corporations; and the legisla¬ 
ture may regulate and fix the w r ages or sal¬ 
aries, the hours of work or labor, and make 
provision for tho protection, welfare and safety 
Of persons employed by the state or by any 
County, city, town, village or other civil divi¬ 
sion or the state, or by any contractor or sub¬ 
contractor performing work, labor or services 
for the state, or for any county, city, town, 
village or other civil division thereof,] in 
Much manner as shall secure to them 
the exercise of the powers granted 
to cities in this article. Except as to 
titles having more than one hundred 
thousand population, it shall be the 
duty of the legislature to restrict the 
powers of taxation and assessment so 
as to prevent abuses in taxation and 
assessments by any city or incorpo¬ 
rated village. 

ABSTRACT.—The eliminated part of this sec¬ 
tion relating to employees has been taken care 
of In the next succeeding section (2) and the 
new matter adjusts the existing provisions of 
the constitution to the home rule provisions of 
this constitution. The duty of the legis'ature 
as to restrictions upon the power of taxation 
•nd assessment by municipalities is. by the 
amendment In this section, confined so far as 
Cities are concerned to those having more than 
u&e hundred thousand population. 

fiketion [1 part] 2. The legislature may 
regulate and fix the wages ana, except as 
Otherwise provided in this article, the 
salaries and may also regulate and fix 
the hours of work cr labor, and make provision 
tar the protection, w'elfare and safety of per¬ 
cent employed by the state or by any county. 
City, town, village or other civil division of the 
•tate, or by any contractor or subcontractor 
performing work, labor or services for the 
■tate, or for any county, city, tow’n, village 
or other civil division thereof. 

ABSTRACT.—This section is a part of sec¬ 
tion one of article twelve of the present con¬ 
stitution and modifies it only to the extent of 
transferring from the legislature to cities the 
right to fix the salaries mentioned In the 
ensuing provisions of the article. 

Section 3. Every city shall have ex¬ 
clusive power to manage, regulate 
and control its property, affairs and 
municipal government subject to the 
provisions of this constitution and 
subject further to the provisions of 
the general laws of the state, of laws 
applying to all the cities of the state 
without classification or distinction. 
and of laws applying to a county not 
wholly included within a city estab¬ 
lishing or affecting the relation be¬ 
tween such O' county and a dtfj 
therein. 

Such power shall be deemed to ioo- 
dude among otherst 

(a) The power to organize and 
manage all departments, bureaus, or 
other divisions of its municipal gov¬ 
ernment and to regulate the powers, 
duties, qualifications, mode of selec¬ 
tion, number, terms of office, com¬ 
pensation and method of removal of 
all city officers and employees, in¬ 
cluding all police and health officers 
and employees paid by the city, and 
of all non-judicial officers and em¬ 
ployees attached to courts not of 
record, and to regulate the compen¬ 
sation of all officers not chosen by 
the electors and of all employees of 
counties situated wholly within a 
city except assistants and employees 
of district attorneys and except offl- 


NOTE.—Matter In italics Is new; matter in 
bracket* I ] if to he emitted. __ 


cers and employees of courts of 
record. 

(b) The power, as hereinafter pro¬ 
vided, to revise or enact amendments 
to its charter in relation to its prop¬ 
erty, affairs or municipal govern¬ 
ment and to enact amendments to 
any local or special law in relation 
thereto. A city may adopt a revised 
charter • or enact amendments to its 
charter or any existing special or 
local law in relation to any matter 
of state concern the management , 
regulator and control of which shall 
have been delegated to the city by 
law;^until anti unless the legisla¬ 
ture, pursuant to the provisions of 
section four of this article shall enact 
a law inconsistent therewith. The 
term “charter” is declared for the 
purposes of this article to include 
a ] l V general city law enacted for the 
cities of one class in so far as it ap* 
plies to such city. 

The legislative body of the city may 
enact such amendments, subject to 
tlie approval of the mayor ana of the 
board of estimate and apportionment 
of the city if any there be; provided, 
however, that in a city in which any 
of the members of the board of 
estimate and apportionment are not 
elected or in tvhich no such body 
exists no such amendment shall be 
enacted without the assent of two- 
thirds of all members elected to such 
legislative body. Every such enact¬ 
ment shall embrace only one subject 
and shall expressly declare that it is 
such an amendment. Every amend¬ 
ment which changes the frame work 
of the government of the city or mod¬ 
ifies restrictions as to issuing bonds 
or contracting debts shall be sub¬ 
mitted to the legislature in the year 
one thousand nine hundred and six¬ 
teen on or before the fifteenth day of 
March and in any year thereafter 
during the first week of its next reg¬ 
ular session, and shall take effect as 
law sixty day3 after such submission 
unless in the meantime the legisla¬ 
ture shall disapprove the same by 
joint resolution. Every other such 
amendment shall take effect upon its 
enactment as above provided without 
such submission to the legislature. 

The legislature by general law shall 
provide for a public notice and oppor¬ 
tunity for a public hearing by the 
legislative body of the city concern¬ 
ing any such amendment before final 
action thereon by it. 

At the general election in the year 
one thousand nine hundred and sev¬ 
enteen, and unless its charter after 
one revision thereof shall otherwise 
provide, in every eighth year there¬ 
after either at the general or at a 
special election, every city shall sub¬ 
mit to the electors thereof, the ques¬ 
tion “shall there be a commission to 
revise the charter of the city?” and 
may at the same time choose seven 
commissioners to revise the city char¬ 
ter in case the question be answered 
in the affirmative, provided, however, 
that in the city of New York the 
number of such commissioners shall 
be sixteen, nine of whom shall be 
chosen by the electors of the entire 
city, two by the electors of the bor¬ 
ough of Manhattan, two by the elec¬ 
tors of the borough of Brooklyn 9 and 
one each by thu electors of the bor¬ 
oughs of The Bronx, Queens and 
Hichmond respectively. Such revision 
when completed shall be filed in the 
office of the city clerk, and not less 
than six weeks after such filing shall 
be submitted to the electors of the 
dtp at the next ensuing general elec¬ 
tion or at a special election to 
be called for ihat purpose. If 
such revision be approval by the 
affirmative vote of the majority of 
the electors voting thereon such revi¬ 
sion shall be submitted to the legis¬ 
lature during the first week of its 
session in January of the year fol¬ 
lowing the approval thereof, ana if 
not disapproved by the legislative by 
joint resolution prior to the first day 
of July thereafter shall thereupon 
take effect as law except as therein 
otherwise specified. The legislature 
shall by general law provide for 
carrying into effect the p?ovieions of 
this paragraph . 

Every charter revision and every 
amendment of any provision of law, 
enacted pursuant to this section, shall 
be deposited with the secretory r.f 
state and published as the teulsiaCwro 
may direct. 

ABSTRACT.—This section I 9 entirely new 
and contains the bulk of the provisions relat¬ 
ing to home rule for cities. The general grant 
Of power is contained In tho first paragraph 
and is made subject to (1) the provisions of 
the constitution, (2) general laws of the state. 
(Sj laws applying to all the cities of the 
state and (4) certain laws applying to a county 
not wholly within a city (meaning a county 
outside or New York city). Subdivisions (a) 
and (b) enumerate some of the powers con¬ 
tained in the general grant of power hut not 


all of them. The general grant of power con¬ 
tained in the first paragraph and in subdivi¬ 
sions (a) and (b) withholds from the city the 
control of matters of state concern, but by a 
provision in subdivision (b) a city may regu¬ 
late even matters of state concern within its 
boundaries until the legislature intervenes. 
The remainder of the section relates to the 
amendment of existing charters and of special 
laws relating to cities and the adoption of 
new charters. 

Amendments to existing charters and to 
special laws relating to cities may be made 
by the local authorities without the inter¬ 
vention of the legislature, except where the 
amendment changes the framework of the 
government of the city or modifies restric¬ 
tions as to the issuing of bonds or contracting 
debts. This power of amendment extends, as 
already stated, even to matters of state con¬ 
cern until and unless the legislature intervenes. 
The framework of the government of a city 
which the city is not authorized to change 
without submission to the legislature applies 
to the general outline or plan of the city’s 
governmental structure. The adoption by 
municipalities of new charters is provided for, 
subject to the disapproval of the legislature by 
joint resolution. 

These provisions confer upon cities the power 
to regulate their affairs within the restrictions 
and under the conditions stated without resort 
to the legislature and include the right of court 
review which the police, for instance, in New 
Yorktcity now enjoy, which right of review can 
not be affected except with the consent of the 
board of aldermen of New York city, the board 
of estimate and apportionment and the mayor, 
and even in such a case the legislature might 
by general law affecting all the cities of the 
state provide for a court review for all the 
police of the state. 

The general purport of the provisions is to 
obviate the necessity of repeated applications 
to the legislature, as heretofore, in city mat¬ 
ters and to enable cities to control their own 
property, affairs and municipal government, 
subject only to the supervisory power of the 
legislature where is involved (1) the framework 
of the government, (2) the issuance of bonds 
or the contracting of debts, (3) matters or 
state concern, (4) territory outside ci a city or 
(5) the adoption of new charters. 

Section [2. ] 4. All cities are classified 

according to the latest federal or state 
census or enumeration, as from time to 
time made, as follows: The first class in¬ 
cludes all cities having a population of one 
hundred and seventy-five thousand or more; 
the second class, all cities having a popula¬ 
tion of fifty thousand and less than one hun- 
dred and seventy-five thousand; the third 
class, all other cities. [Laws relating to the 
property, affairs of government of cities, ana 
the several departments thereof, are divided 
into general and special city laws; general 
city laws are those which relate to all the 
cities of one or more classes; special city laws 
are those which relate to a single city, or to 
less than all the cities of a class. 1 

The legislature may delegate to 
cities for exercise within their re¬ 
spective local jurisdictions such of 
its powers of legislation as to mat¬ 
ters of state concern as it may from 
time to time deem expedient. 

The legislature shall pass no law 
relating to the property, affairs or 
municipal government of any city 
excepting such as is applicable to all 
the cities of the state without classi¬ 
fication or distinction. 

The provisions of this article shall 
not be deemed to restrict the powers 
of the legislature to pass laws regu¬ 
lating matters of state concern as 
distinguished from matters relating 
to the property, affaire or municipal 
government of cities. 

Laws affecting cities in relation to 
boundaries, water supply, sewerage 
and public improvements, involving 
the use of territory outside the 
boundaries of cities, and in relation 
to the government of cities in mat¬ 
ters of state concern and applying to 
less than all the cities of the state 
without classification or distinction 
are defined for the purposes of this 
article as special city latvs. Special city 
laws shall not be passed except in conformity 
with the provisions of this section. After any 
bill for a special city law[, relating to a 
city,] has been passed by both branches of 
the legislature, the house in which it orig¬ 
inated shall immediately transmit a certified 
copy thereof to the mayor of [such] each 
city to which it relates, and within fifteen 
days thereafter the mayor shall return such 
bill to the clerk of the house from which 
it was sent, [or] who, if the session of the 
legislature at which such bill was passed has 
terminated, shall immediately transmit 
the same to tho governor with the mayor’s 
certificate thereon, stating whether the city 
has or has not accepted the same. In every 
city of the first class, the mayor, and in every 
other city, the mayor and the legislative body 
thereof concurrently, shall act for such city 
as to such bill; but the legislature may pro¬ 
vide for the concurrence of the legislative 
body In cities of the first class. The legisla¬ 
ture shall provide for a public notice and 
opportunity for a publio hearing concerning 
any such bill in every city to which It relates, 
before action thereon, Such a bill, if it re¬ 
lates to more than one city, shall be trant- 
















116 


Eagle Library—REVISED CONSTITUTION OF THE STATE OF NEW YORK 


i 


mitted to the mayor of each city to which it 
relates, and shall not be deemed accepted 
unless accepted as herein provided, by every 
such city. Whenever any such bill is accepted 
as herein provided, it shall be subject as are 
other bills, to the action of the governor. 
Whenever, during the session at which it was i 
passed any such bill is returned without the 
acceptance of the city or cities to which it 
relates, or within such fifteen days is not re¬ 
turned, it may nevertheless again be passed 
by both branches of the legislature, and it 
shall then be subject as are other bills, to the 
action of the governor. In every special city 
law which has been accepted by the city or 
cities to which it relates, the title shall be 
followed by the words “accepted by the city” 
or “cities” as the case may be; in every such 
law which is passed without such acceptance, 
by the words “passed without the acceptance 
of the city” or “cities” as the case may be. 

ABSTRACT.—The division, under the present 
constitution, of city laws into general and 
special city laws has been abolished by an 
amendment to this section, and special city 
laws are defined to comprise only the cases 
enumerated. In this section the legislature is 
given authority to delegate to cities power of 
legislation over matters of state concern which 
bear upon the sovereignty of the state and 
which has not been surrendered by the general 
grant of power to cities. On the other hand, 
by this provision the legislature is expressly 
forbidden to pass laws relating to the prop¬ 
erty, affairs or municipal government of a city 
except such as are applicable to all the cities 
of the state, thus confirming the exclusive 
power granted to cities under the restrictions 
and conditions mentioned. An important pro¬ 
vision in this section relates to the manner of 
adoption of special city laws which include in 
their definition all law9 affecting less than all 
the cities of the state and relating to (1) 
matters of state concern or (2) to public im¬ 
provements requiring territory outside a city. 
These special laws are required to be submitted 
to the cities for their approval as provided in 
the present constitution with reference to 
special city law's. 

Section [3] «>. All elections of city officers. 
Including ' supervisors and judicial officers of 
inferior local courts, elected in any city or 
part of a city, and of county officers elected 
in the counties of New York [and]. Kings, 
Queens, Richmond and Bronx f and in 
all counties whose boundaries are the same as 
those of a city, except to fill vacancies, shall 
be held on the Tuesday succeeding the first 
Monday in November In an odd-numbered 
year, and the term of every such officer shall 
expire at the end of an odd-numbered year. 
The terms of office of all such officers elected 
bofore the first day of January, one thousand 
[eight] nine hundred and [ninety-five] sev¬ 
enteen, whose successors have not then been 
elected, which under existing law's would ex¬ 
pire with an even-numbered year, or in an 
odd-numbered year and before the end thereof, 
are extended to and including the last day of 
December next following the time when such 
terms would otherwise expire; the terms of 
office of all such officers, which under exist¬ 
ing laws w'ould expire in an even-numbered 
year, and before the end thereof, are abridged 
so as to expire at the end of the preceding 
year. The section shall not apply to [any 
city of the third class, or to] elections of any 
judicial officers, except judges and justices of 
Inferior local courts. 

ABSTRACT'.—'This section, as amended, 
makes no substantial change from the present 
constitution, except that it provides that cities 
of the third class, like all other cities of the 
state, shall hold their local elections at the 
general election in an odd-numbered year. 

ARTICLE [XIII.] AT/. 

Section 1. Members of the legislature, and 
all officers, executive and judicial, except such 
Inferior officers as shall be by law exempted 
shall, before they enter on the duties of their 
respective offices, take and subscribe the fol¬ 
lowing oath or affirmation: “I do solemnly 
swear (or affirm) that I will support the Con¬ 
stitution of the United States, and the Con¬ 
stitution of the State of New York, and that I 
will faithfully discharge the duties of the office 

of -. according to the best of my 

ability [;]" and all such officers w’ho shall 
have been chosen at any election shall, before 
they enter on the duties of their respective 
offices, take and subscribe the oath or affirma¬ 
tion above prescribed, together with the fol¬ 
lowing addition thereto, as part thereof: 

“And I do further solemnly swear for affirm) 
that I have not directly or indirectly paid, 
offered or promised to pay, contributed, or 
offered or promised to contribute any money 
or other valuable thing as a consideration or 
reward for the giving or withholding a vote 
at the election at W’hich I was elected to said 
office, and have not made any promise to 
influence the giving or withholding any such 
vote[.l" and no other oath, declaration or 
test shall be required as a qualifloxtion for 
any office or public trust. 

Section 2. Any person holding office under 
the laws of this state, who, except in payment 
of his legal salary, fees or perquisites, shall 
receive or consent to receive, directly or in¬ 
directly, any thing of value or of personal ad¬ 
vantage, or the promise thereof, for performing 


NOTE.— Matter in italics is new; matter In 
brackets £ ] is to be omitted. 


or omitting to perform any official act, or with 
the express or implied understanding that his 
official action or omission to act is to be in 
any degree influenced thereby, shall be deemed 
guilty of a felony. This section shall not 
affect the validity of any existing statute in 
relation to the offense of bribery. 

•Section 3. Any person who shall offer or 
promise a bribe to an officer, if it shall be 
received, shall be deemed guilty of a felony 
and liable to punishment, except as herein 
provided. No person offering a bribe shall, 
upon any prosecution of the officer for receiv¬ 
ing such bribe, be privileged from testifying 
in relation thereto, and he shall not be liable 
to civil or criminal prosecution therefor, if he 
shall testify to the giving or offering of such 
bribe Any person w’ho shall offer or promise 
a bribe/if it be rejected by the officer to whom 
it was tendered, shall be guilty of an attempt 
to bribe, which is hereby declared to be a 

^Section 4. Any person charged with receiving 
a bribe or with offering or promising a bribe, 
shall be permitted to testify in his own behalf 
Tn anv civil or criminal prosecution tnerefor. 

Section 5. No public officer, or person elected 
nr aDDOinted to a public office, under the laws 
< f this state, shall directly or indirectly ask, 
demand accept, receive or consent to receive 
for his 'own use or benefit, or for the use or 
benefit of another, any free pass, free tr vns- 
nortation franking privilege or discrimination 
in uassenger, telegraph or telephone r^tes, 
from anv person or corporation, or make use 
nf the same himself or in conjunction with 
annther A person who violates any provision 
nf thi«’ section, shall be deemed guilty of a 
misdemeanor, and shall forfeit his office at the 
“,u of the attorney-general. Any corporation, 
nr officer or agent thereof, who shall offer or 
Vromise to a public officer, or person elected 
or appointed to a public office, any such free 
nkss free transportation, franking privilege or 
discrimination, shall also be deemed guilty of 
a misdemeanor and liable to punishment except 
i herein provided. No person, or officer or 
neent of a corporation giving any such free 
nass free transportation, franking privilege or 
discrimination hereby prohibited, shall be 
orivileged from testifying in relation thereto, 
and he shall not he liable to civil or criminal 
prosecution therefor if he shall testify to the 
living of the same. 

Section 6. Any district attorney who shall 
fa’ll faithfully to prosecute a person charged 
with the violation in his county of any pro¬ 
vision of this article which may come to his 
knowledge, shall be removed from office by the 
governor, after due notice and an opportunity 
of being heard in his defense. The expenses 
which shall he incurred by any county, in in- 
'estigating and prosecuting any charge of 
ribery or attempting to bribe any person 
olding office under the laws of this state, 
’ithin such county, or of receiving bribes by 
ny such person in said county, shall he a 
harge against the state, and their payment 
,y the state shall be provided for by law'. 


ARTICLE [XIV.] XVII. 

Section 1. Anv amendment or amendments to 
this constitution may be proposed in the sen¬ 
ate and assembly; and if the same shall be 
agreed to by a majority of the members e^cted 
to each of the two houses, after considera¬ 
tion in joint session as hereinafter 
provided and after the same shall 
have been printed and upon the 
desks of the members in its final 
form for at least five calendar legis¬ 
lative days prior to agreement there¬ 
on , such proposed amendment or amendments 
shall be entered on their journals, and the 
yeas and nays taken thereon, and referred to 
the legislature to be chosen at the next gen¬ 
eral election of senators, and shall be pub¬ 
lished for three months previous to the time 
of making such choice[;l. On the first 
Tuesday following the adoption by 
either house of the legislature of any 
proposed amendment to this consti¬ 
tution , the two houses shall convene 
in joint session for the consideration 
thereof and thereafter the proposal 
shall be considered and acted upon 
by the houses separately . [and l]/f in 
the legislature bo next chosen, as aforesaid, 
such proposed amendment or amendments shall 
be agreed to by a majority of all the mem¬ 
bers elected to each house, anti all the re¬ 
quirements for the original passage 
thereof shall be observed , then it shall 
be the duty of the legislature to submit 
[each] such proposed amendment or amend¬ 
ments to the people for approval at the 
general election in such manner Land at 
such times] as the legislature shall prescribe; 
and if the people shall approve and ratify such 
amendment or amendments ny a majority of 
the electors voting thereon, such amendment 
or amendments shall become a part of [the] 
this constitution from and after the first day 
of January' next after such approval. 

ABSTRACT.—This section, as amended, con¬ 
tinues the legislative method of initiating 
proposed amendments, but a new provision is 
inserted that the consideration of such proposed 
amendments must be had by both houses of 
the legislature, sitting together in joint ses¬ 
sion, prior to taking the final vote; also that 
such proposed amendments must be upon the 
desks of the members. In final form, for at 
least five calendar legislative days prior to 
agreement thereon. The purpose of having the 
legislature consider a constitutional amendment 


in joint session is to focus attention U P°*V l * 
as an extraordinary occasion and to 
more thorough discussion. The purpose of n - 
ing all proposals printed in final form 
several days prior to final vote thereon 
correct an evident omission in the eXl ^;, ® 
constitution which makes a similar Pf ovls . 
for legislative bills. A provision has been in¬ 
corporated in the above section and also 
section two of this article requiring all ame - 
ments and proposed constitutions and all qu - 
tions for the calling of a convention to b© 
submitted hereafter at general elections, t u 
eliminating the provision in the constitution 
now in force w’hich permits the legislature to 
provide for such submissions at special elec¬ 
tions. The purpose of this change Is to a 
more substantial expression of opinion rro 
the people than it seems possible to obtain t 
a special election. 

Section 2. [At the general election to be 
held in the year one thousand nine nunarea 
and sixteen, and every twentieth year there¬ 
after, and also at such times as the leg su¬ 
ture may by law’ provide, the question, bnau 
there by a convention to revise the consti- 
tution and amend the same?”, shall be de¬ 
cided by the electors of the state; and in case 
a majority of the electors voting thereon] 
The question “Shall there be a con¬ 
vention to revise and amend the cow- 
sfitution?” shall be submitted to the 
electors of the state at each general 
election next ensuing the lapse of 
twenty successive years since rfte 
last previous submission thereof, ana 
shall be submitted at such other gen¬ 
eral elections as the leyislattire. may 
by law provide . In case a majority 
of the electors voting thereon shall de¬ 
cide in favor of a convention for such pur¬ 
pose, the electors of every senate district of 
the state, as then organized, shall elect three 
delegates at the next ensuing general election 
at which members of tho assembly shall be 
chosen, and the electors of the state voting 
at the same election shall elect fifteen dele- 
gates-at-large. The delegates so elected shall 
convene at the capitol on the first Tuesday [of 
April next ensuing after their election,] fol¬ 
lowing the completion of the canvass 
of the votes cast for delegates-at- 
large at such election and shall continue 
their session until the business o fsuch con¬ 
vention shall have been completed. Every 
delegate shall receive for his services the same 
compensation and the same [mileage] reim¬ 
bursement for railroad fare as shall 
then be annually payable to the members of 
the assembly. A majority of the convention 
shall constitute a quorum for the transaction 
of business, and no amendment to [the] 
this constitution shall be submitted for ap¬ 
proval to the electors as hereinafter provided, 
unless by’ the assent of a majority' of all the 
delegates elected to the convention, the yeas 
and nays being entered on the journal to be 
kept. The convention shall have the power to 
appoint such officers, employees and assistants 
as it ma.v deem necessary, and fix their com¬ 
pensation and to provide for the printing of 
its documents, journal and proceedings. The 
convention shall determine the rules of its 
own proceedings, choose its own officers, and 
be the judge of the election, returns and 
qualification of its members. In case of a 
vacancy, by death, resignation or other cause, 
of any’ district delegate elected to the con- 
large, such vacancy shall be filled by' a vote 
of the remaining delegates representing the 
district in w’hich such vacancy occurs. If such 
vacancy occurs in the office of a delegate-at- 
large, such vacancy shall be filled by o vote 
of the remaining delegates-at-large. Any pro¬ 
posed constitution or constitutional amendment 
which shall have been adopted by such con¬ 
vention, shall be submitted to a vote of the 
electors of the state [at the time and] in the 
manner provided i>y such convention, at [an] 
a general election which shall be held not 
less than [six w’eeks] ninety days after the 
adjournment of such convention. Upon the 
approval of such constitution or constitutional 
amendments, in the manner provided in the 
last preceding section, such constitution or 
constitutional amendment, shall go Into effect 
on the first day' of January next aft*r such 

approval. 

ABSTRACT.—By this amendment, the ques¬ 
tion of holding a constitutional convention will 
not be submitted in the year 1916, as now 
required, unless the legislature shall so pro¬ 
vide; nor is the submission of such question 
required, under the above amendment, in any 
stated year; but the question must be sub¬ 
mitted every twenty years, in any case, count¬ 
ing from the next preceding submission by 
legislative act. Provision Is made also by this 
amendment for convening the next constitu¬ 
tional convention on the first Tuesday ensu¬ 
ing after the completion of the canvass of the 
votes can for delegates-at-large to such con¬ 
vention, This will result in calling the con¬ 
vention In the latter part of December follow¬ 
ing the election of the delegates, Instead of 
on the first Tuesday in April following the 
election as at present. Delegates are to be 
reimbursed for railroad fare in the same man¬ 
ner as is proposed for members of the assem¬ 
bly, Provision is also made for submitting In 
future a proposed constitution adopted by a 
convention not less than 90 days after the ad¬ 
journment of such convention, instead of not 
less than six weeks as at present. 

Section 3, Tho validity of an elec¬ 
tion upon any amendment or pro- 
i >d constitution or the question “Shall 




















Eagle Library— REVISED CONSTITUTION OF THE STATE OF NEW YORK 


117 


there be a convention to revise and 
amend the constitution?” or upon am, 
other question submitted to the elec¬ 
tors of the state under this constitu- 
tton, and the determination whether 
the proposed amendment, constitution 
or question has received the number 
of votes requisite for the adoption of 
jucA amendment or constitution or 
the decision of such question, mat/ be 
contested in the supreme court by 
any elector in an action in equity 
brought within three months after 
such election against the secretary of 
state, and the judgment rendered 
shall be reviewable by the court of 
appeals . 1 

ABSTRACT.-Provision is made by this new 
section for permitting the validity of an elec¬ 
tion upon any constitutional amendment or 
proposed constitution or any other question 
submitted to the electors under the constitu¬ 
tion and the determination of the result of 
such an election to be contested by any elector 
in an action brought in the supreme court, 
a he court of appeals has recently decided that 
this is impossible under the existing constitu¬ 
tion and the omission of such a provision has 
been deemed perilous by the convention. 

Section [3. ] 4 • Any amendment proposed bv 
a constitutional convention relating to the same 
subject as an amendment proposed by the leg¬ 
islature. coincidentally submitted to the people 
for approval [at the general election held in 
the year one thousand eight hundred and 


ninety-four, or at any subsequent election], 
shall, if approved, be deemed to supersede the 
amendment so proposed by the legislature[.] ; 

provided, however , that, if at the 
general election held in the year one 
thousand nine hundred and fifteen, a 
majority of the electors voting there¬ 
on shall have approved and ratified 
the amendment to section one of 
article two of the constitution then 
in force, heretofore proposed by the 
legislature, section one of article two 
of this constitution shall be deemed 
thereby amended so as to embody 
therein the new matter contained in 
such proposed amendment so ap¬ 
proved. If. at such general election, 
a majority of the electors voting 
thereon shall have approval and rat¬ 
ified chapter five hundred and sev¬ 
enty of the laws of one thousand nine 
hundred and fifteen heretofore sub¬ 
mitted to the people pursuant to sec¬ 
tion four of article seven of the con¬ 
stitution then in force, the same 
shall tah'e effect notwithstanding any 
amendment of such constitution, ex¬ 
cept that, irrespective of the terms of 
such chapter, the debt so authorized 
shall be paid in equal annual instal¬ 
ments in conformity with section four 
of article nine of this constitution . 

ABSTRACT.—Provision is made by this 
amendment for embodying in the new con¬ 


stitution the proposed woman suffrage amend¬ 
ment submitted by the legislature if at the 
general election it is approved and ratified 
Provision is also made that if the people ap¬ 
prove the canal referendum act, which is sub¬ 
mitted to them for approval, the debt so 
authorized shall be paid in equal annual in¬ 
stalments instead of through a sinking fund 
a» provided by the act. The purpose of this 
is to conform to the new provision of the 
constitution herewith submitted requiring serial 
bonds instead of sinking funds for all future 
debts of the state. 

ARTICLE [XV.] XVIII. 

Section 1. This constitution shall be fn fore# 
from and including the first day of January, 
one thousand [eight] nine hundred and 
[ninety-five] sixteen, except as herein other¬ 
wise provided. 

Done in Convention at the Capitol in 
the city of Albany, the tenth day of 
September, in the year one thousand 
nine hundred and fifteen, and of the 
Independence of the United States of 
America the one hundred and fortieth. 

In witness whereof, we have hereunto 
subscribed our names, 

ELIHU ROOT, 

President and Delegate at Larg«. 

WILLIAM D. CUNNINGHAM, 

Secretary. 


« ,< 

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118 


Eagle Library—THE ELECTION LAW OF THE STATE OF NEW YORK 


WILLIAM E. KELLY 

POSTMASTER OF THE BOROUGH OF BROOKLYN, AND 
PRESIDENT OF THE NATIONAL LETTER 
CARRIERS ASSOCIATION 



WILLIAM E. KELLY 

The appointment of William E. Kelly to be Post¬ 
master of the Borough of Brooklyn brings to that 
office one of the best known men in the postal serv¬ 
ice, and the first who has risen from the ranks to the 
head of the local department. Mr. Kelly became a 
letter carrier twenty-one years ago and has been 
closely identified with the movement to improve both 
the department and the thousands of employees who 
handle the U. S. mail. Since 1907 he has held the 
presidency of the National Letter Carriers Associa¬ 
tion, an organization having 30,000 members and 
1,500 branch chapters. He has assumed the duties 
of Postmaster in the sixth largest office in the coun¬ 
try with every promise of success. The close study 
which he has devoted to conditions in the service is 
expected to result in great improvement as concerns 
both the men employed and the convenience of the 
public. He is known to entertain some decided ideas 
on the subject and his efforts will be watched with 
close attention. 

Mr. Kelly was born in Brooklyn, October 18th, 
1872, the son of Matthew E. and Catherine Kelly. 
As a lad he attended public schools No. 9 and No. 41 
and after completing the elementary course he found 


employment with Harper Bros., the well-known pub¬ 
lishers. His evenings were spent at the high school 
and he subsequently graduated from that institution 
with honors. The period of Mr. Kelly’s most useful 
activity began with the day on which he entered the 
postal service. The work possessed a special interest 
for him and he became conversant with its numerous 
problems. In the course of a few years he helped 
organize the Brooklyn branch of the National Letter 
Carriers Association and was soon afterward made 
president of the local body. At one time or another 
he has taken an active part in the passage of legisla¬ 
tion bearing on the welfare of departmental em¬ 
ployees. One of the bills which received his solid 
support was the Reilly eight hour law, limiting the 
period of postal workers’ labor. He was also instru¬ 
mental in the discontinuance of»Sunday work and 
participated tn the enactment of a measure which 
provides that they be compensated for time when on 
duty; he also ‘helped pass the bill allowing 15 days 
vacation for employees of the department exclusive 
of Sundays and holidays. 

When it was made known that Mr. Kelly was a 
candidate .for the position which he now holds, all 
divisions of the community came forward in his sup¬ 
port. He has been a stanch Democrat over an 
extended period, and it was generally agreed that 
no incumbent of the office could be more acceptable 
to the party than Mr. Kelly. However, political 
considerations were a minor factor in the selection 
of the postal carriers’ head for this office. It was 
believed that his close relation with the men of the 
department, and long study of efficiency methods, 
would make for the conduct of the Brooklyn office 
along the most satisfactory lines. These facts se¬ 
cured for him the indorsement of Brooklyn’s lead¬ 
ing civic and commercial bodies. With such sponsors, 
the appointment of Mr. Kelly came as a natural 
result. 

The by-laws of the National Letter Carriers 
Association provide for the election of an executive 
each ensuing year, and it is significant of Mr. 
Kelly’s services to the association that he has been 
annually retained in office since becoming president 
in 1907. He is always a conspicuous figure at the 
national gatherings of his constituency, and is per¬ 
sonally known to a large division of the member¬ 
ship. His elevation to an important office under 
the Federal Government is all the more satisfying 
to the letter carriers of the country owing to his 
great personal popularity, and it would seem that 
the Administration has effected a s.troke of busi¬ 
ness which will make for enhanced satisfaction in 
the postal service. 

Mr. Kelly is affiliated with the Eighteenth As¬ 
sembly Ditsrict Democratic Association, and other 
bodies of a social and fraternal character. He is 
a well-known member of Brooklyn Lodge No. 22 
B. P. O. E. ' 

The subject of this sketch was married to Miss 
Anna Hanrahan of Brooklyn on September 5, 1900. 
They have two children, Edward and Adele Kelly, 
both of whom are now attending school. 


L 













Eagle Library—THE ELECTION LAW OF THE STATE OF NEW YORK ~ 


119 


















































r 120 


Eagle Library—THE ELECTION LAW OF THE STATE OF NEW YORK 



ALEXANDER S. DRESCHER 

| 

Candidate for Alderman, has been indorsed by the Democratic party, the Inde¬ 
pendence League, the American party and the Progressive party. * 

Mr. Drescher has always lived in Brooklyn, and fifteen years ago he 
moved into his present home in East New York. He has faithfully served 
the Brownsville Board of Trade as Secretary for over eleven years. In 1910 
he was elected as a member of the Board of Aldermen. 

He is a lawyer by profession, and is counsel for the Maternity Hospital 
Association of Brooklyn, counsel for the Brownsville and East New York 
Apothecaries Association, counsel for the Associated Builders of Kings County. 

He is an honorary member of the Mc-Clellan-Garrison Army and Navy 
Union, a member of the New York Press Club, Past Deputy Grand Chancellor, 
Grand Lodge, Knights of Pythias; member of Acacia Lodge, No. 327, Free 
and Accepted Masons. He is delegate to the Jewish Community, director of 
the Brooklyn Institution for Safety, member of the Federation of Jewish 
Charities. He is a member of the Brooklyn Bar Association and secretary 
of the Playground Advisory Committee. Also a member of the Independent 
Order Brith Abraham, member of the Civic Club, member of “Talmud Torah.’* 




Leading Physicians Say:— 

'‘Fresh air and Marmalax keep your stomach right 


Marmalax is a fruit laxative recommended as best for 
Constipation and Indigestion. 

SOLD AT ALL DRUG STORES—25c. AND 50 


MARMALAX M’FG 


National Theatre Building 2d Ave. and Houston St. 

NEW YORK CITY 

JL your-druggist dogs jiof handle Marmalax, write direct to us and we will send it to yoit by mail 































Eagle Library—THE ELECTION LAW OF THE STATE OF NEW YORK 


121 


Why the 

Brooklyn Daily Eagle 

Is the Best 

Real Estate Medium 

<1 It publishes the most accurate and 
complete News of the Realty Market and 
is the accepted authority on Brooklyn and 
Long Island Real Estate matters. 

<| Investors, Home Buyers and Rent Payers 
everywhere read the EAGLE when con¬ 
sidering a Home or Investment in any part 
of Long Island. 

q Its circulation is among people with pur¬ 
chasing power, and its advertising rates are 
the lowest—Results considered. 

It Is the Representative Daily 
Newspaper of All Long Island 






122 


Eagle Library—THE ELECTION LAW OF THE STATE OF NEW YORK 


THE EAGLE LIBRARY 


A Senes of Publications on Topics of Contemporaneous Interest 

(Numbers Out of Print are marked thus*. Copies may be seen on application at The Eagle Information Bureau) 


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No. 49—'•The Proposed Charter of Greater 
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No. 50—The American Communes, Practical 
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By C. M. Skinner. 

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Eagle Library—THE ELECTION LAW OF THE STATE OF NEW YORK 


123 



When you want a special treat without 
paying an extravagant price for it, take 
home a box of 


WALLACE’S 

CHOCOLATES 

You will instantly appreciate their su¬ 
periority over other kinds. 

“Candies of Character” 
They sweeten life. 

Sold in boxes at 

60c., 80c., $1.00 the Box 

Your local dealer should have them. 

Ask for and insist upon getting. 

WALLACE’S 

OF 

NEW YORK 

Made for the fine retail trade and a 
discriminating public. 

Washington and Park Aves., Brooklyn, N. Y . -< 


The Brooklyn Daily 

EAGLE 

Is the Home Newspaper 
of Brooklyn and Long Island 


Strictly in the interest of the public 
welfare and a loyal representative 
of the community in which it is 
published. 

The Eagle is the only Brooklyn paper 
having Associated Press service. 

An Institutional Newspaper. 

ESTABLISHED IN 1841 


>vvvvv % ^ ^ /’ yvvw\ -<> vw v "/ v vv vvv wyv vvryvvv v ^vvvvyyy vr yrvvvvvvvvvvvv 

Doctor Dlugash Says: 

“Fresh air and Marmalax keep your stomach right.” 


Marmalax is a fruit laxative recommended as best for 
Constipation and Indigestion. 

SOLD AT ALL DRUG STORES—25c. AND 50c 


MARMALAX M’F’G CO. 

National Theatre Building 2d Ave. and Houston St. 

NEW YORK CITY 

If your druggist does not handle Marmalax, write direct to us and we will send ft to you by mall. 

















124 


Eagle Library—THE ELECTION LAW OF THE STATE OF NEW YORK 



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MANUFACTURED IN BROOKLYN 

WILLIAM BUCHANAN 

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A Message to 

Storekeepers 

The most important factor in promoting sales is good light. 

Every successful merchant realizes the influence of light on 
the mind of the buyer. It inspires confidence and commands 
trade. 

Progressive storekeepers, who have carefully investigated the 
subject of store lighting, agree that the Semi-Indirect System of 
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store because it provides an abundance of cheerful illumination. 

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THE BROOKLYN-UNION 
GAS COMPANY 



In this type of fixture the 
greater portion of the light is 
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The milky white bowl is just 
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This lamp, with its superior 
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®()e peoples ®rust 

INCORPORATED 1889 


LIBRARY OF CONGRESS 



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Company 


181-183 MONTAGUE STREET 


NOSTRAND AVENUE, CORNER HERKIMER STREET 
CLINTON AVENUE, CORNER MYRTLE AVENUE 
FIFTH AVENUE, CORNER FIFTY-FOURTH STREET 
43 FLATBUSH AVENUE, NEAR FULTON STREET 

Capital and Surplus - - - - $2,400,000.00 


MEMBER OF THE NEW YORK CLEARING HOUSE 



TRUSTEES 


J. G. DETTMER.Retired 

HORACE J. MORSE.A. M. Kidder & Co. 

WILLIAM B. HILL .Lawyer 

HOWARD M. SMITH..Pres. Brevoort Savings Bank 

DAVID A. BOODY.Boody, McLellan & Co. 

HERBERT L. PRATT.. Charles Pratt & Company 

WILLIAM C. COURTNEY .Lawyer 

WILLIAM H. GOOD.Lawyer 

W. EUGENE KIMBALL.R. J. Kimball & Co. 

ADRIAN T. KIERNAN .Lawyer 

CHARLES M. ENGLIS.John Englis & Son 

WILLIAM E. HARMON....Wood, Harmon & Co. 
CHARLES A. BOODY.. . .President of the Company 


MAX RUCKGABER, Jr.Schulz & Ruckgabe- 

WALTER V. CRANFORD. .President Cranford Co. 
CHARLES E. ROBERTSON. .Brooklyn Lumber Co. 
JAMES H. JOURDAN.Pres. Brooklyn Union Gas C(.v 
JOHN F. HILDEBRAND. .President Shults Bread Co. 
THOMAS E. MURRAY, 

Vice President New York Edison Cc. 
GEORGE W. DAVISON, 

Vice Pres. Central Trust Co. of New York 
ALBERT TAG. 

Pres. The German-American Bank of New York 
ANDREW D. BAIRD, 

President The Williamsburgh Savings Bark 
JAMES A. SMITH.Calhoun, Robbins & Cc. 


OFFICERS 

CHARLES A. BOODY, President 


J. G. DETTMER, 1st Vice-President 
HORACE J. MORSE, 2d Vice-President 
CHARLES L. SCHENCK, 3d V.-Pres. & Secy 
WILLIAM A. FISCHER, Assistant Secretary 


J. FRANK BIRDSELL, Assistant Secretary 
HENRY M. HEATH, Assistant Secretary 
CLARENCE I. McGOWAN, Assistant Secretary 
WILLIAM F. AYLING, Assistant Secretary 


Friendship and confidence in an individual are not enough to afford assurance that 
he will give you satisfactory service as your Executor. 

The Executor who will administer your estate to the best advantage of your heirs 
is an institution, such as The Peoples 1 rust Company, which affords the qualifications 
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